Is a contract that waives a claim for judicial review if the contract is declared void before it is submitted to arbitration?

The Award has been issued and it is binding. Failure to make an election to have the contract declared void before submitting to arbitration waives the claim for future judicial review. As aptly stated in Moncharsh v. Heily & Blase, supra, 3 Cal.4th at p. 30 (albeit in the context of waiver of an illegal contract provision), "[a]ny other conclusion is inconsistent with the basic purpose of private arbitration, which is to finally decide a dispute between the parties. Moreover, we cannot permit a party to sit on his rights, content in the knowledge that should he suffer an adverse decision, he could then raise the illegality issue in a motion to vacate the arbitrator's award. A contrary rule would condone a level of 'procedural gamesmanship' that we have condemned as 'undermining the advantages of arbitration.' [Citations.] Such a waste of arbitral and judicial time and resources should not be permitted."¹³