Is a party to an arbitration agreement waived or abandoned the right to arbitrate?
California, United States of America
The following excerpt is from Illulian v. Rav-Noy, B269495 (Cal. App. 2017):
Whether a party to an arbitration agreement has waived or abandoned the right to arbitrate is a question of fact, and a trial court's determination on that matter will not be disturbed on appeal if supported by substantial evidence. (Sobremonte v. Superior Court (1998) 61 Cal.App.4th 980, 991.) As with any appeal, we presume the trial court's decision is correct, and it is the burden of appellants to show reversible error. (Ibid.)
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