The plaintiffs commenced an action for breach of contract in 2018 and the defendant counterclaimed.
After pleadings were exchanged, a trial record was served, and discoveries were held, the plaintiffs brought a motion to stay the action and refer the dispute to arbitration pursuant to an arbitration clause in the parties' agreement.
The court dismissed the motion, finding that the plaintiffs had waived their right to arbitration by initiating the claim and taking significant steps in the litigation, and that ordering arbitration at this late stage would be unfair to the defendant.
