PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Fraud
............Decision: Court or Arbitration?
6 Cards On This Topic:

Under USAA, issue of fraud inducing arbitration clause for ct. to decide; general fraud claims to be arbitrated.

Challenge to validity of contract as a whole, and not specifically to arbitration clause, must go to the arbitrator, regardless of whether brought in federal or state court.

Claim of fraud bearing directly on validity of consent to arbitration clause for ct. to decide.

Under Cal. Arbitration Act and Code Civ. Proc. §1281.2 (d), issue of fraud inducing arbitration clause for ct. to decide; general fraud claims to be arbitrated.

Determination of whether P was fraudulently induced into agreeing to arbitration provision was properly within jurisdiction of trial court.

Arbitration of claim of fraud in inducing arbitration clause approved.