Platt Pacific, Inc. v. Andelson

Opinion

KENNARD, J.

May a party that did not demand arbitration within the time specified in an agreement to arbitrate nevertheless compel arbitration on the ground that it did not intend to relinquish the right to arbitrate the dispute when it failed to make a timely demand?

We conclude that, unless legally excused, a contracting party cannot compel arbitration when it has failed to make a timely demand, that the absence of an intent to forego submission of a dispute to arbitration is not a legal excuse, and that in this case the failure to make a timely demand was not excused by waiver or…