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Abstract: This article addresses some of the problematical areas of arbitration law in the United States. It concludes that arbitration is of critical importance in the settlement of commercial disputes and to a high degree has supplanted the courts in this area. Most of the changes in arbitration law which have brought about the new order have occurred in procedural aspects rather than substance. The power to get to arbitration has been expanded, and parties have an almost unlimited power to commit any controversy to arbitration today. Courts will enforce the remedy of arbitration by enjoining judicial proceedings, ordering arbitration, naming arbitrators when necessary, and generally facilitating and implementing the agreement. There are of course procedural niceties to be respected and complied with, as in all areas of the law, but essentially arbitration is an untrammeled option to commercial parties, perfectly pitched to many of the demands of present-day commerce and the imponderables of evolving enterprise.
Keywords: Arbitration, Commercial Litigation, Prima Paint Corporation. v. Flood & Conklin Manufacturing Company
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