In In re Christus Spohn Health System Corporation, 231 S.W.3d 475 (Tex. App.--Corpus Christi 2007, orig. proceeding), the Court opined that delay alone or participating in purely defensive measures do not substantially invoke the judicial process. Id. at 479.
Spohn is a case that arose from the abduction and subsequent murder of a nurse that occurred in the parking lot of the hospital. Id. at 478.
In Spohn, the hospital moved to hold counsel for the real parties in interest in contempt in a criminal case that was pending with respect to the underlying case. Id. at 481.
The Court construed Spohn's action in the separate case "as part of its strategic plan of defense in the underlying case that would be inconsistent with the right to arbitrate." Id.
The Court also found a clear showing of prejudice based on the significant amount that had been spent on the case, discovery that had occurred, and testimony that the real parties in interest would be detrimentally impacted if they had to continue the matter via arbitration. Id. at 482.