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Fraud in the Execution of a Contract as a Basis for Litigating Rather than Arbitrating Disputes - JAA 2004 Vol. 3, No. 1

Author(s): 
Charles J. Schoenwetter
Page Count: 
24 pages
Media Description: 
PDF from "Journal of American Arnitration (JAA)"
Published: 
July, 2011
Jurisdictions: 
United States
Practice Areas: 
Contractual or Consensual Basis of Arbitration,
Existence and Validity of Agreement to Arbitrate,
Contents of Arbitration Agreement
Author Detail: 

Charles J. Schoenwetter, Mr. Schoenwetter is an attorney with Bowman and Brooke L.L.P. in
Minneapolis, Minnesota, concentrating in the areas of business and construction
litigation and products liability as well as appellate practice.

PDF121.43 KB

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Description: 

Originally from:

Journal of American Arbitration (JAA) - Vol. 3, No. 1


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ARTICLES

Fraud in the Execution of a Contract as a
Basis for Litigating Rather than Arbitrating
Disputes
By Charles J. Schoenwetter

I. INTRODUCTION
A liberal policy favoring arbitration exists in federal court—
particularly in cases where the parties have a signed writing that includes
an arbitration clause.1 Nonetheless, an exception to the general rule
requiring arbitration exists when a party alleges and proves fraud in the