A party waives its right to arbitration by acting inconsistently with that right; no showing of prejudice to the opposing party is required.
arbitration
A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.
Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.
Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.
Get a detailed analysis of Morgan v Sundance Inc (Waiver of Arbitration) and how it applies to your situation.
Explain Morgan v Sundance Inc (Waiver ...