It would appear to me that by refusing to pay for arbitration that they are in breach of their own arbitration policies and more importantly probably provides you with the option of going to court rather than arbitration where you could argue that by refusing to participate and pay as agreed that they have waived their right to arbitration. I believe that if you wanted to enforce the arbitration agreement you would have to file a motion in court to compel arbitration. This would be a very unusual situation only because it is normally the employer rather than the employee who seeks to compel arbitration given that most employers and attorneys view the arbitration process as being more beneficial to the employer than the employee.......If I were handling this case I would file the matter in court and let the bank move to compel arbitration and defend against that by contending that they have waived their right by their refusal to participate in arbitration and pay the fees as agreed...Stephan Math Esq.
Answered on Mar 16th, 2016 at 1:18 PM