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p0395 If a party to a binding arbitration agreement sues, the other party may successfully demur or move for summary judgment or may choose treat the action as a waiver by electing to litigate rather than arbitrate, however so long as there was no determination on the merits by a court, the filing of a lawsuit does not prevent the plaintiff from submitting the matter to arbitration after the lawsuit is dismissed.CitationKALAI v GRAY (Arbitration Waiver) 109 CA4 768 [See: Rounds v Teamsters 4 C3 888; Doers v Golden Gate 23 C3 180]
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