A homeowner signed a contractor agreement with an arbitration clause but then filed a lawsuit with aggressive counterclaims and discovery tactics. When she later tried to force arbitration, the court refused because she had already substantially used the court system. The Texas appeals court upheld this decision, ruling that a party can lose arbitration rights by aggressively pursuing litigation first.
Don't file counterclaims or aggressive discovery requests if you want to arbitrate later—courts see this as waiving your arbitration right