Stok & Associates v. Citibank

Under the Federal Arbitration Act, federal courts may not litigate claims that the parties have agreed to arbitrate. However, a party can waive its right to enforce the arbitration agreement proceeding with litigation and not invoking the arbitration clause as a defense. Can this kind of waiver can be found when a defendant initially proceeds to litigate a case in court, but then later tries to invoke the arbitration agreement, if the delay in asking for arbitration did not do any harm to the plaintiff.