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Defendants waived their right to arbitration


Whether defendants waived their right to arbitration by their litigation conduct was a question of arbitrability that was presumptively for the court, rather than an arbitrator, to decide. Arbitration clause reading "[a]ll determinations as to the scope, enforceability and effect of this arbitration agreement shall be decided by the arbitrator, and not by a court" was insufficiently specific to overcome the presumption. Defendants waived their right to arbitration because they engaged in acts inconsistent with this right, including motion practice and discovery over a 17-month period, and the plaintiffs were prejudiced. Click Here to read the entire case: Martin v. Yasuda


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