In re the Arbitration between Hercules Construction Corp.

*702By a demand dated June 21, 1983, respondent sought arbitration of its claim that petitioner had breached two agreements entered into on March 28, 1983. Each agreement contains a broad arbitration clause.

Although the record presents a substantial issue as to whether these agreements were in effect, petitioner initially participated in the arbitration proceeding and did not move to stay arbitration until on or about November 10,1983, over three months after service of respondent’s demand and several weeks after the arbitration commenced. Petitioner’s failure to move within 20 days of service of…