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ARTICLE · 14 AUGUST 2018

Waiver Of Right To Arbitrate By Resorting To Litigation

Soteris Pittas & Co L.L.C
Soteris Pittas & Co L.L.C
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Soteris Pittas & Co L.L.C

Soteris Pittas & Co L.L.C

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Waiver is constituted by the deliberate intentional and unequivocal release or abandonment of the right that is later sought to be enforced (see ZHANG –V- SHANGHAI WOOL & JUTE TEXTILE CO LTD (2006) VSCA 133).

CyprusLitigation, Mediation & Arbitration
Soteris Pittas
Soteris Pittas
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Waiver is constituted by the deliberate intentional and unequivocal release or abandonment of the right that is later sought to be enforced (see ZHANG –V- SHANGHAI WOOL & JUTE TEXTILE CO LTD (2006) VSCA 133).

The concept or doctrine of waiver, relates and overlaps with the concepts or doctrines of abandonment, election and estoppel, because their common feature is that they all involve a resignation or relinquishing of a legal right or claim by a party, which conduct binds such party.

The concept of abandonment focus on the unqualified forsaking or abandonment of a legal right or claim and as in waiver, abandonment needs to be intentional.

The concept of "election" requires a party to elect between two mutually inconsistent legal rights, each of which has different consequences.

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