Failure To Raise Arbitration As An Affirmative Defense Does Not Constitute A Waiver

My guess is that most practitioners would be surprised to think that failure to assert arbitration as an affirmative defense in an answer would constitute a waiver of the right to arbitrate. However, an Oklahoma intermediate appeals court concluded that it did, resulting in an appeal to the Oklahoma Supreme Court. In Howell’s Well Service, Inc. v. Focus Group Advisors, LLC, the Oklahoma Supreme Court, reversed the appellate court’s decision holding that, per the law of Oklahoma and its comparable federal counterpart, arbitration rights are appropriately raised by separate motion and need not be asserted as an affirmative defense in a party’s answer to a complaint.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s