ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.

DURHAM, Chief Justice:

INTRODUCTION

§1 This case presents two issues: (1) whether the district court has jurisdiction to find that a party waived its contractual right of arbitration under Utah Code section 78-3la-4 (1996), 1 and (2) whether the district court erred in holding that Wolf Mountain waived any potential contractual right to arbitration. We hold that the district court has such jurisdiction, and that it was correct in holding that Wolf Mountain waived any potential contractual right to arbitration.

BACKGROUND

T2 On July 3, 1997, Wolf Mountain Resorts, LC. (Wolf Mountain) and ASC Utah,…