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Arbitration and Discovery


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It depends on your state's case law, about how far you can go in the litigation process without waiving your arb rights.  I don't know about NY.  It couldn't hurt to file the MTC.  The worst that could happen is it's denied, and then you are at the same place you are now.

It would help if there were new information, such as the presence of an arb clause, that was not known until they revealed it in discovery.  Thus explaining your delay in filing the MTC.

The wording of the arb clause could also help.  Some of them state that arbitration can be requested at any time in a court case, prior to a judgment.

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