If not, how soon should such a motion be filed after the answer to avoid waiver? Can discovery be answered w/out jeopardizing waiver? Can a small amount of discovery be requested?
In short, the answer to your question is yes. Requesting arbitration would challenge the jurisdiction of the present forum. If a party fails to challenge jurisdiction upon the first substantive response to a complaint the opposing party would likely claim you have waived your right to request arbitration. All of this is depenedent upon whether the contract at issue calls for arbitration.
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