Party Did Not Waive Arbitration Rights by Moving to Compel Arbitration, Judge Rules

CONCORD, N.H. — A party did not waive its right to arbitrate a contract dispute by moving a district court to compel arbitration because the motion did not “substantially invoke the litigation machinery,” a New Hampshire federal judge has ruled.

On Jan. 18, Judge Steven J. McAuliffe granted the motion, ruling that the parties’ dispute squarely falls within the contract’s mediation/arbitration provision.

Hong Kong Juno International Company Ltd. and Advanced RenewableEnergy Company LLC entered into an agreement under which ARC would sell industrial sapphire crystal growing systems (furnaces) meeting certain specifications to Hong Kong Juno, and would license Hong Kong …