concurring:
I concur in the result and in all of the majority opinion except Part II.C.3, on pp. 1364-65. As to that particular part of the opinion, I join only the last sentence, which concludes that West of England waived any right it may have had to compel arbitration. Because of that waiver, there is no need to speculate as to whether the arbitration provision would have applied had there been no waiver; all such speculation is merely dicta, better left to the law reviews.