What is the burden of proving a party has waived their right to arbitrate?
MultiRegion, United States of America
The following excerpt is from Bailey v. Household Fin. Corp. of Cal., CASE NO. 10cv857 WQH (RBB) (S.D. Cal. 2011):
arbitration bears a heavy burden of proof." Fisher, 791 F.2d at 694 (quotation omitted); see also Sobremonte v. Superior Court, 61 Cal. App. 4th 980, 991 (1998) ("Since arbitration is a strongly favored means of resolving disputes, courts must closely scrutinize any claims of waiver. A party claiming that the right to arbitrate has been waived has a heavy burden of proof.") (quotation omitted).
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