PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........No Waiver Found
7 Cards On This Topic:

PacifiCare did not waive its contractual right to arbitration by challenging validity of health services agreement; its petition to compel arbitration should have been granted.

Allegation of illegality must be raised at arbitration, unless party alleges arbitration clause or entire K illegal, or issue waived.

Mere filing of lawsuit does not constitute waiver of right to compel arbitration.

Waiver of right to arbitrate does not require relinquishment of a known right; Ds who conducted discovery waived arbitration as inconsistent with right to arbitrate; D who sought to settle did not waive the right.

Employer's termination of P not waiver of arbitration.

Delay by D in requesting arbitration not a waiver when no prejudice to P.

Cancellation of K for alleged breach was not waiver right to arbitrate.