Commonwealth Coatings Corp. v. Continental Casualty Co.

Mr. Justice Fortas,

with whom Mr. Justice Harlan and Mr. Justice Stewart join, dissenting.

I dissent and would affirm the judgment.

The facts in this case do not lend themselves to the Court’s ruling. The Court sets aside the arbitration award despite the fact that the award is unanimous and no claim is made of actual partiality, unfairness, bias, or fraud.

The arbitration was held pursuant to provisions in the contracts between the parties. It is not subject to the rules of the American Arbitration Association. It is governed by the United States Arbitration Act, 9 U. S. C. §§ 1-14.

Each party…