Village of Schaumburg v. Permasteelisa North America

Summary

The court affirmed the denial of the Village’s motion to compel arbitration because the Village waived any arbitration right by filing suit and waiting months to seek arbitration. The court held that appellate review of the waiver determination was for abuse of discretion and rejected the Village’s argument that an anti-waiver clause prevented the court from applying federal procedural rules governing litigation conduct. The opinion also explains that arbitration receives no preferential treatment in applying ordinary waiver rules.