Can ''Time Passing'' Indicate Abandonment of the Right to Arbitrate ?
In Kostakos v. KSN Joint Venture No. 1, 142 Ill. App. 3d 533, 491 N.E.2d 1322, 96 Ill. Dec. 862 (1986), a complaint was filed and defendants participated in discovery.
Fifteen months later, defendants filed their answer raising an affirmative defense of arbitration.
Seven months later, the trial court set the matter for trial and defendants brought their motion to compel arbitration, which the trial court allowed.
The appellate court affirmed, stating that abandonment of the right to arbitrate was not determined by time passing or "papers filed", but by the types of issues submitted. Kostakos, 142 Ill. App. 3d at 536-37, 491 N.E.2d at 1325.