Arbitration clauses in construction agreements are very common. However, what if a court determines that the contract itself was obtained by fraud?
One example is where one of the parties states that it did not know that it was signing a contract. One party thought it was signing something else. If the party can prove that it was fraudulently led to believe that it was not signing a contract but instead was signing something else, then the contract may be held to be unenforceable. What if there is an arbitration provision in that contract? Do you arbitrate the dispute between the parties or must you seek the civil courts as an arena instead?