PHIL HARDBERGER, Chief Justice, concurring. I reluctantly concur in the majority’s judgment. Existing law compels our reversal of the trial court’s order denying arbitration. The result is that Pennzoil gets the best of both worlds: discovery and arbitration. In this case, the stringent burden of proof Arnold was required to meet to prove waiver, coupled with the fact that Pennzoil filed its motion for sum…
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