In the past, courts have regarded the arbitration clause as an integral part of a contract which cannot be more valid than the contract it came from. The Divisibility Concept differentiates between the fraud in a contract and the fraud in the arbitration clause of a contract. Thus, fraud issues should be arbitrated unless the alleged claim of fraud involves the arbitration clause itself. The idea behind the change was to remove obstacles to arbitration and not to give extra time to a party wishing to delay settlement by a claim of fraud. In that case, the court will solve the issue of fraud and then order arbitration proceedings if no fraud is found.
Most arbitration clauses contain time limits for requesting arbitration.
1 - The architect's decisions are final but subject to appeal provided that the appeal is made within thirty days from the day the architect's decision is received. In the case of Milton Schwartz and Associates-Architects vs. Waiver of Arbitration . A direct waiver is a written or oral statement made by one of the parties in which he gives this right to arbitrate. Usually, if one party ignores the arbitration clause and goes to court, his action can be interpreted as a waiver.