Supreme Court of Maryland

Access Funding v. Linton

December 1, 2022

Summary

The court held that the circuit court, rather than an arbitrator, must determine whether a valid arbitration agreement exists. The respondents’ allegations that fraud prevented independent professional advice, impaired their understanding of the arbitration clause, and invalidated court approval of the transfers placed the making and existence of the arbitration agreement in dispute. The court affirmed the judgment requiring judicial determination of that threshold issue.