Federated Department Stores, Inc. v. Pavarini Construction Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that court may decide question of whether arbitration has been waived unless one party contends waiver question should be answered by arbitrators, in which instance the question must be resolved by arbitrators
• stating that “the question whether arbitration has been waived may be decided by a court unless one of the parties contends the waiver question should be answered by the arbitrators in which case it should be answered by the arbitrators”
• if raised as an issue, whether right to arbitration has been waived is to be decided by the arbitrator, not the court
• court may decide question of whether arbitration has been waived unless one party contends waiver question should be answered by arbitrators — question must then be resolved by arbitrators

Source: CourtListener parenthetical corpus (CC0).