PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Fraud
............Permeation Doctrine
5 Cards On This Topic:

Under USAA, issue of fraud directed to entire K to be decided by ct.

Permeation doctrine applies only when party denies having agreed to anything.

Party to arb agrmt specifically agreed to arbitrate any controversy or claim arising from K, incl. misrepresentation issues, so could not avoid arbitration of fraud issue.

Arbitration cannot be avoided on allegations of fraud in complaint alone without adequate supporting evidence in form of affidavits and decls; filing bare complaint not sufficient.

Court to decide allegations of permeation by fraud.