Can a party be found to have waived their contractual right to arbitrate by engaging in dilatory conduct in an arbitration proceeding?

California, United States of America


The following excerpt is from Engalla v. Permanente Medical Group, Inc., 37 Cal.App.4th 497, 43 Cal.Rptr.2d 621 (Cal. App. 1995):

The California case on which respondents primarily rely for their waiver argument, Weisman v. Johnson, supra, 133 Cal.App.3d at page 295, 183 Cal.Rptr. 792, does not extend so far as to authorize a finding of waiver in this case. [41 Cal.App.4th 173] Indeed, there is no authority under either California or federal law 21 to support a court in ruling that a party has "waived" its contractual right to arbitrate by engaging in dilatory conduct in a pending arbitration proceeding.

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