Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?
My business hired another business to make my product and the contract says it will be settled by mediation and arbitration. The defendant took my money violated my Non Disclosure Agreement and never made the product. I want to file a law suit but still go to mediation. How can an arbitrator deal with fraud?
A: Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration (which they may choose not to do).
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