In re the Arbitration between Fava & Spacarb New York Distributors, Inc.

This is an application for an order directing that arbitration proceed pursuant to contract between the parties. The facts before the court are not in dispute.

On September 1, 1953, a written contract was entered into whereby respondent agreed to employ petitioner for five years at a specified salary. The parties performed until December .17,

1954, when the employer terminated the petitioner’s services. The contract provided for arbitration of “ Any controversy or claim arising out of or under this agreement, the performance or breach thereof.” On December 24, 1954, the employee demanded…