When Does A Litigant Waive Arbitration? Recently, the Fourth Circuit again examined whether a party's participation in litigation amounted to a waiver of arbitration. In Rota-McLarty v. Santander Consumer USA, Inc., 2012 U.S. App. LEXIS 24447, (4th Cir. 2012) the Court reversed a decision from th...
Is Cost an Impediment to Arbitration Cases? A frequent challenge to the enforceability of arbitration agreements is the assertion that the expenses attendant to this form of alternative dispute resolution are cost prohibitive. For example, the American Arbitration Association has a host of fee sc...
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