Westlake Servs., L.L.C. v. Chandler

Citations

• 226 N.E.3d 478
• 2023 Ohio 3714

Syllabus

Motion to compel arbitration motion to stay arbitration agreement nonsignatory delegation clause clear and unmistakable evidence threshold questions of arbitrability incorporation by reference waiver by litigation conduct. Even assuming the issue of waiver by litigation conduct could be properly delegated to an arbitrator, arbitration agreement did not contain clear and unmistakable evidence that the parties intended that an arbitrator decide issues of waiver by litigation conduct. Accordingly, the trial court did not err in deciding that issue itself and concluding that appellant had waived any right to arbitration based on its active engagement in litigation for over 15 months.