The Second Circuit ruled recently on the case Arbercheski v. Oracle Corp., No. 06-3472, 2009 U.S. App. LEXIS 5723 (2nd Cir. Mar. 18, 2009) that Oracle has waived its right to arbitration. The court concluded that the plaintiff showed sufficient prejudice from Oracle’s attempt to initiate arbitration proceedings. Some of the facts the court cited were: Oracle’s eleven-month delay between the commencement of litigation and the filing of the motion to compel arbitration, participation in discovery, a failed mediation, and a scheduling conference.
Technorati Tags: arbitration, ADR, law, Oracle Corporation
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