Party Did Not Waive Right to Demand Arbitration of Counterclaims, Ohio Federal Judge Rules

CINCINNATI — A party to an asset purchase agreement did not waive its right to arbitration by filing its claims in federal court because the claims arose from a related promissory note which did not contain an arbitration clause, an Ohio judge has ruled.

On Dec. 31, Judge Timothy S. Black of the U.S. District Court for the Southern District of Ohio sent the opposing party’s counterclaims to arbitration, ruling that they are subject to the arbitration clause contained in the assert purchase agreement.

Data Processing Sciences entered into an asset purchase agreement (APA) with Lumenate Technologies LP, under which …