No Waiver

Arbitration – Standard of Review – No Waiver – Counterclaim Response – Discovery – New York Law

iPayment, Inc. v. Grainger (Lawyers Weekly No. 011-004-18, 19 pp.) (Lucy Inman, J.) Appealed from Union County Superior Court (Theodore Royster Jr., J.) N.C. App. Holding: A review of our divergent case law leads to the conclusion that the issue of whether a party has waived the contractual right to arbitration is a mixed question […]