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- Title
INVITATION TO USE DISCOVERY PROCEDURE AVAILABLE IN FEDERAL COURT AND COMMENCEMENT OF MILLER ACT ACTION AFTER ARBITRATION HAD BEEN INITIATED, WOULD GENERALLY AMOUNT TO A WAIVER OF ARBITRATION.
- Abstract
This article focuses on the court ruling given in Matter of Unicon Management Corp. v. Pavcrete Construction Corp. case. Invitation to use discovery procedure available in federal court and commencement of Miller Act action after arbitration had been initiated would generally amount to a waiver of arbitration. But when such party participated in the arbitration, by challenging the arbitrator's right to issue subpoenas, he disqualified himself from seeking a stay of arbitration.
- Subjects
LEGAL judgments; ACTIONS &; defenses (Law); ARBITRATION &; award; WAIVER; ARBITRATORS; COMMERCIAL law
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p125
- ISSN
0003-7893
- Publication type
Article