Jordan Bernstein

Nov 19, 2024 | americanbar.org | Jordan Bernstein

A party can waive the right even with no prejudice to the opposing side. Parties will no longer need to demonstrate prejudice to claim an adversary waived its contractual right to compel arbitration. webphotographeer via Getty Images Until recently, California courts did not find that a party had waived arbitration by participating in litigation unless that participation harmed the opposing party. However, in Quach v.