Historically, merchants used arbitration to settle commercial disputes among themselves.1 However, the early American courts viewed arbitration unfavorably, often refusing to acknowledge its validity. 2 During the 1970's, however, the courts' attitude toward arbitration shifted. The United States Supreme Court decision, The Breman v. Zapata Off-Shore Co.,3 ushered in an era of growing acceptance toward arbitration agreements. The change in the Court's attitude has allowed businesses to provide for arbitration agreements in their contracts without fearing that their desire to avoid litigation would be thwarted
Mark D. Calvert,
Out with the Old, in with the New: The Mini-Trial Is the New Wave in Resolving International Disputes,
1991 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1991/iss1/8