Victor v. Kaplan

Citations

• 2021 Ohio 2840

Syllabus

Arbitration motion to stay pending arbitration waiver abuse of discretion. A trial court does not abuse its discretion by granting a motion to stay pending arbitration where based on the totality of the circumstances, the party requesting arbitration has not acted inconsistently with the right to arbitrate. A trial court does not abuse its discretion finding that party has not waived its right to arbitrate where the facts in the case demonstrate: (1) the delay caused by the requesting part was reasonable and justified, (2) the requesting party's action in the case was not inconsistent with arbitration, (3) the requesting party has not invoked the trial court's jurisdiction and (4) the non-requesting party has not been prejudiced by the requesting party's inconsistent acts.