Waiver of the right to compulsory arbitration under s 7 of the International Arbitration Act 1974 (Cth) requires deliberate, intentional and unequivocal abandonment of the right. Mere participation in interlocutory steps, failure to raise arbitration in an initial defence, or acquiescence in administrative court orders does not constitute such waiver, particularly where the party has otherwise consistently pressed for arbitration. A choice between curial and arbitral resolution of a dispute is not an election between inconsistent substantive rights. Where a claim is pleaded on alternative contractual bases, some with and some without an arbitration clause, the court may stay the whole proceeding.
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