Attorney Jason McGrath shares some items to consider when your contract has an arbitration provision but the other party has already filed a formal lawsuit. (1988) (noting that at one time courts in the United States would not enforce an agreement to arbitrate until the arbitrator had issued the award).The arbitrator will not have the power to add to, modify or change any of the provisions of this Agreement, or to make mistakes of law. Arbitrate and PlaintiffAppellee's claims are in the scope of the arbitration agreement. The court compelled arbitration under.