What is one of the grounds on which a party can resist contractual arbitration?

A party can resist contractual arbitration when there is no valid agreement made to arbitrate. This is a fundamental principle because arbitration is based on the mutually agreed-upon consent of the parties involved. If one party can demonstrate that a valid contract or arbitration agreement does not exist—perhaps due to lack of signature, misrepresentation, fraud, or unconscionability—then enforcement of arbitration cannot proceed.

The other options do not serve as strong legal bases for challenging arbitration. While the frivolous nature of a claim might suggest that the case may not merit consideration, it does not negate the existence of the arbitration agreement itself. The cost of arbitration is typically considered a cost of resolving the dispute and does not invalidate the arbitration agreement. Additionally, the presence of public interest might invoke additional considerations but does not inherently provide grounds to resist arbitration unless it significantly impacts the enforceability of the agreement. Thus, the essence of resisting arbitration lies in questioning the validity of the underlying agreement to arbitrate, making the assertion of no valid agreement the correct basis for resisting arbitration.