Bashor v. Bache Halsey Stuart Shields, Inc.

SMITH, Judge.

Thomas C. Bashor appeals the order compelling arbitration of his claims against defendants as well as the order in essence confirming the arbitrator’s award. We reverse both orders and remand for a trial on the merits.

Bashor contends that defendants waived their contractual right to arbitration by failing timely to assert such right and by engaging in acts inconsistent with the arbitration clauses. He further asserts that he was prejudiced by such conduct. We agree.

The arbitration clause at issue here was contained in a standard form customer agreement executed by Bashor in…