PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Waiver In General
6 Cards On This Topic:

Arbitration must be denied if the right to compel arbitration has been waived.

Pursuant to state statute, waiver is a question for ct. to decide.

Under USAA, issue of waiver may properly be referred to the arbitrator.

Waiver in assisted living residency agreement of P’s statutory right to recover attorney fees and costs under Elder Abuse Act was contrary to public policy.

Issue of waiver relating to the judicial process is for courts to decide.

Under state law, court decides waiver; under federal law arbitrator decides.