When can a party waive their right to arbitrate?
California, United States of America
The following excerpt is from Foster v. Harbor, G051417 (Cal. App. 2016):
When there is no conflicting extrinsic evidence, the issue whether the particular dispute was covered by an arbitration agreement is reviewed de novo. (In re Tobacco Cases I (2004) 124 Cal.App.4th 1095, 1105.) Whether a party waived its right to arbitrate is reviewed under the substantial evidence test. (Burton v. Cruise (2010) 190 Cal.App.4th 939, 945-946.)
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