In what circumstances will a court or arbitrator decide whether or not a plaintiff has been fraudulently induced to agree to an arbitration provision?
California, United States of America
The following excerpt is from Milder v. Holley, B267974 (Cal. App. 2017):
In his declaratory relief cause of action, Milder alleged he was fraudulently induced to agree to the arbitration provision. Accordingly, the trial court and not the arbitrator must decide that claim. (Johnson v. Siegel, supra, 84 Cal.App.4th at p. 1095.)
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