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Arbitration Procedure

Waiver of Arbitration

Loss of the right to arbitrate through conduct inconsistent with it.

A party that litigates on the merits, or that fails to meet its obligations to the arbitral forum, may forfeit the right to compel arbitration. The Supreme Court has held that federal courts may not condition waiver on a showing of prejudice to the other side, which lowered the bar meaningfully. In several states, statutory schemes now make late payment of arbitration fees an automatic waiver.

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