DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL

If the parties have agreed to an arbitration clause and one of them issues proceedings then the right to seek a stay of that action can be lost if the defendant takes a "step in the action".  This case considers what a "step in the action" consists of.    This is a not a common issue. However it is ...