Arbitration, Consent, Domestic Courts, obligation to arbitrate, Procedure, Stay of Proceedings, United States, Waiver
Waiving the Right to Arbitrate in the United States: Should the Prejudice Requirement be Discarded?
The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request – despite the fact that Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year (Art…