What is the test for a waiver of a party's right to demand arbitration?

California, United States of America


The following excerpt is from Diaz v. Prof'l Cmty. Mgmt., Inc., 16 Cal.App.5th 1190, 225 Cal.Rptr.3d 39 (Cal. App. 2017):

" "California courts have found a waiver of the right to demand arbitration in a variety of contexts, ranging from situations in which the party seeking to compel arbitration has previously taken steps inconsistent with an intent to invoke arbitration [citations] to instances in which the petitioning party has unreasonably delayed in undertaking the procedure. [Citations.] The decisions likewise hold that the bad faith or wilful misconduct of a party may constitute a waiver and thus justify a refusal to compel arbitration." ' " ( St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1196, 8 Cal.Rptr.3d 517, 82 P.3d 727.)

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