Wednesday, June 8, 2011
We covered earlier the Supreme Court’s grant of certiorari in Stok & Associates v. Citibank (No. 10-514). The case was scheduled to be argued next Term and presented the question:
Under the Federal Arbitration Act (“FAA”), should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevocable?