Where parties to an arbitration agree to withdraw their respective claims and cross-claims, bear their own costs, and share the arbitrator's costs, this is capable of constituting an accord and satisfaction discharging the original causes of action, not merely a procedural withdrawal leaving claims intact. The mere failure to plead a settlement as a defence, and the filing of a defence and cross-claim on the merits, does not constitute waiver of the right to rely on the settlement, provided the party has not made representations inconsistent with reliance on the settlement. If accord and satisfaction is established, the original cause of action is discharged and cannot be revived by conduct amounting to waiver or abandonment.
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