What is the test to determine whether a party has waived their right to arbitrate?
California, United States of America
The following excerpt is from Freeman v. State Farm Mut. Auto. Ins. Co., 121 Cal.Rptr. 477, 14 Cal.3d 473, 535 P.2d 341 (Cal. 1975):
Second: Code of Civil Procedure section 1281.2 requires the court to determine whether a party has waived his right to arbitrate. (See Sawday v. Vista Irrigation Dist. (1966) 64 Cal.2d 833, 52 Cal.Rptr. 1, 415 P.2d 816.)
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