0981 REVIEW DENIED Unless there is an allegation that the agreement to arbitrate was specifically induced by fraud and that the party resisting arbitration did not know that it was agreeing to arbitrate, issues of fraud in the inducement of a contract containing an arbitration provision should be referred to the arbitrator without preliminary judicial consideration.CitationHAYES v NCR (Fraud in Inducement) 37 CA4 775 [See: Prima Paint v Flood & Conklin 388 US 395; Moseley v Electronic 374 US 167; Lynch v Cruttenden 18 CA4 802, T/AT 11/93]
|
|