So You Think You Know The Law Answers – Arbitration

January 2014

1. A party can waive its right to enforce an arbitration agreement contained in a contract by participating in litigation concerning the subject contract. True or False? True. A recent California case, Hong v. CGV America Holdings Inc., 2013 DJDAR 16316, held that a company gave up its right to arbitrate a dispute with shareholders by actively engaging in litigation months before asking the court to compel arbitration. The concept is called waiver by litigation conduct. Return to Newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.