The Supreme Court has dismissed Stok & Assocs. v. Citibank, a routine step triggered by the settlement of the case. Stok had raised the issue of whether a party waives its right to compel arbitration of a dispute by participating in related litigation, even where no prejudice to the party resisting arbitration can be shown. The settlement is confidential, but apparently included an agreement to terminate the Supreme Court appeal. A full description of the case is posted on SCOTUSBlog.

The dismissal allows a split among the circuits to continue, with a majority of circuits holding there can be no waiver of the right to compel arbitration absent a showing of prejudice, and a minority holding that participation in related litigation waives the right to arbitrate regardless of prejudice.