“Waiver of Arbitration: Will the U.S. Supreme Court Resolve the Circuit Split Concerning Prejudice?”

This article by Phil Loree provides a great overview of federal cases addressing claims that a party has waived its contractual right to pursue arbitration, with special attention paid to whether a showing of prejudice is required. Mr. Loree suggests that a split in the circuits makes this issue appropriate for determination by the U.S. Supreme Court. At minimum, those facing a (potential) claim of waiver will find the article to be a great starting point for research of applicable federal cases.

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