Originally from Dispute Resolution Journal

ALASKA NATIVE CLAIMS SETTLEMENT ACT §7(a) [43 USC §1606(a)] — LACHES — MOTION TO COMPEL ARBITRATION

A deadline set by the Secretary of the Interior limiting the time within which arbitration may be demanded of a boundary dispute between "Native peoples of Alaska" is not binding upon the court in the absence of congressional authority and the court will compel arbitration of these claims as required in the Alaska Native Claims Settlement Act. Central Council of the TLINGIT & HAIDA Indians of Alaska v. Chugach Native Association, 502 F.2d 1323 (9th Cir. 1974).

DISCLOSURE — ELECTION OF FORUMS — PRE-TRIAL DEPOSITION ACTS TO BAR ARBITRATION

Where a defendant seeking to stay court action claiming an obligation to arbitrate disputes uses pre-trial discovery, the court held that the procurement of a pre-trial deposition in the judicial action constituted an election between the forums available for resolving the dispute and therefore was a waiver of any right to stay the action. The court said, "the availability of disclosure devices is a significant differentiating factor between judicial and arbitral proceedings. 'It is contemplated that disclosure devices will be sparingly used in arbitration proceedings. If the parties wish the procedures available for their protection in a court of law, they ought not to provide for the arbitration of the dispute' (Weinstein, Kom & Miller, N.Y. Civil Practice, par. 7505.06, at p. 75-101)." James DeSapio v. Herman S. Kohlmeyer, Sr., et al., N.Y.2d —-, N.Y.S.2d NE2d.