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When Does a Company Waive Its Right to Arbitrate a Contract Dispute?

What happens if a company files a lawsuit and pursues litigation for an extended period only to decide later that it wants to invoke the arbitration provision in its contract? Does the court need to find that the other side has been prejudiced before it will find a waiver of the arbitration agreement? That question is pending before the Fifth Circuit Court of Appeals in a Petition for Certiorari filed by a Texas energy consulting firm. The Petition outlining the issues can be read below:

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LaGarde Law Firm represents individuals and businesses in arbitration proceedings in Texas, Florida, and Louisiana. Many of our clients have relied on our contingent fee arrangement to afford the costs of arbitration. If you have an arbitration agreement and have suffered a substantial loss, call us for a free consultation, Call today, toll free, at 1-866-LAGARDE (1-866-524-2733), or if you prefer, fill out the form on our CONTACT US page.