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P1459 Under federal and California law, it is within the province of the court to rule on a challenge to the validity of an arbitration clause contained in a contract that is not otherwise challenged; in a contract calling for arbitration in another state, a statement that the arbitration provision might not be enforceable in California justified a trial court's refusal to enforce the arbitration agreement on the ground there was no meeting of the minds regarding it.CitationWINTER v WINDOW FASHIONS (Texas Arbitration) 166 CA4 943 [See: 9 USC 1 etseq; Higgins v Superior Court 140 CA4 1238, P/AT 9/06; Bruni v Didion 160 CA4 1272, P/AT 5/08]
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