To embed, copy and paste the code into your website or blog: In our last issue of the newsletter, we told you of a decision of the United States Circuit Court for the Sixth Circuit, in which the Sixth Circuit considered the issue of whether a party waived its arbitration right through its pre-litigation conduct. In Borror Property Management, LLC v. Oro Karric North, LLC, the Sixth Circuit upheld a party’s contractual right to arbitration and concluded that a party’s pre-litigation conduct (writing pre-lawsuit, informal letters suggesting that the parties litigate in court) did not constitute a waiver of the right to arbitrate.