What effect does misrepresentation have on an arbitration agreement?

The next issue is the effect that the allegation of misrepresentation has on the arbitration agreement. In this regard, Thow v. James is instructive. There, the defendants sought a stay on the basis of s. 15 of the Act. The plaintiffs alleged that the agreements which contained the arbitration clauses were induced by fraud and that the fraud went to the root of the contracts, including the agreement to arbitrate. The plaintiff sought rescission of the contract, among other remedies. In response, the defendants argued that neither the pleadings nor the materials filed in opposition to the motion contained any particulars of fraud and thus the stay should be granted.