Section 39 Waiver

• Library: Consumer Law and Practice 2010

Occasionally, a party waives its right to compel arbitration. Missouri and federal law concerning waiver of the right to arbitrate are virtually identical. "Waiver is founded upon the intentional relinquishment of a known right." In re Estate of Hayes, 941 S.W.2d 630, 633 (Mo. App. E.D. 1997). Whether a party's actions constitute a waiver of the right to arbitrate depends on the facts of each case. McIntosh v. Tenet Health Sys. Hosps., Inc./Lutheran Med. Ctr., 48 S.W.3d 85, 89 (Mo. App. E.D. 2001). "A party waives its right to arbitrate if it (1) had knowledge of the existing right to arbitrate, (2) acted inconsistently with that right, and (3) prejudiced the party opposing arbitration." Id. "Whether a party has waived its right to arbitrate is also reviewed de novo." Major Cadillac, Inc. v. Gen. Motors Corp., 280 S.W.3d 717, 721-22 (Mo. App. W.D. 2009).

"A strong presumption exists against waiver, and we resolve in favor of arbitration any doubt as to whether a party has waived arbitration."Boulds v. Dick Dean Economy Cars, Inc...