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.
See also
- Fee Non-PaymentA respondent's refusal to pay provider fees, forcing closure of the filed demands.
- California Code of Civil Procedure §§ 1281.97–1281.98California's statutory deadline requiring the drafting party to pay arbitration fees within 30 days.
- Motion to Compel ArbitrationThe application asking a court to enforce an arbitration agreement against a party proceeding in litigation.
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