Survival of alternative dispute resolution clauses in the event of fraud

Verbal and written contracts are an essential part of everyday life. Contracts embody the security that parties rely on, to enforce the performance of obligations arising out of the contracts. Parties enter into contracts for a myriad of reasons, which are informed by impressions, undertakings or even formal representations made by the parties. A classic case of misrepresentation occurs when a party enters into a contract on the basis of an impression that later turns out to be false. This renders the contract voidable at the instance of the misled party.

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