Security Alarm Financing Enterprises, L.P. v. Fuller

OPINION

JOHNSEN, Judge:

¶ 1 The superior court denied a motion to dismiss in favor of arbitration under the Federal Arbitration Act, holding the moving parties waived their right to compel arbitration by failing to raise it as an affirmative defense in their answer. Exercising our discretion to accept special action review and applying federal law, we hold there was no waiver and reverse the order denying the motion to dismiss.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Security Alarm Financing Enterprises, L.P. filed a complaint alleging contract and tort claims against several former employees and…