We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
ANSWER AT LAW--NOT "DE FACTO" WAIVER OF RIGHT TO ARBITRATION.
- Abstract
The article focuses on the decision of the New York Supreme Court, given in the year 1966, in the lawsuit "G.H. & J.T. Kelly, Inc. v. Lorson Elec. Co." The court decided that when a defendant served an answer to a suit brought at law by plaintiff, and a month later sought to compel arbitration of the dispute pursuant to contract, it could not be said that by his answer he had unequivocally waived his right to arbitration. Noting that the question of waiver depends upon the facts of each particular case, the court concluded that in this instance there was no unequivocal act by the defendant which constituted waiver.
- Subjects
NEW York (State); G.H. &; J.T. Kelly Inc. v. Lorson Elec. Co. (Supreme Court case); LEGAL judgments; ARBITRATION &; award; CONTRACTS; ACTIONS &; defenses (Law); APPELLATE procedure
- Publication
Arbitration Journal, 1966, Vol 21, Issue 4, p248
- ISSN
0003-7893
- Publication type
Article