Access Funding v. Linton

Summary

The court held that the circuit court, rather than an arbitrator, must determine whether a valid agreement to arbitrate exists. Respondents’ allegations that fraud deprived them of independent professional advice and prevented them from understanding the arbitration provision directly challenged formation of the arbitration agreement, and the clause made arbitration contingent on court approval and closing of the transactions. The court therefore affirmed the intermediate appellate court’s judgment reversing the order compelling arbitration.