Arbitration. In addition to making machines, Maky & Bros. also manufactures wooden toys for children. Maky & Bros. signs a contact with Mars & Sons Paint, Inc. to provide the former with high-quality non-toxic paints made in the USA. The contract does not contain an arbitration clause requiring both parties to submit to arbitration should a dispute arise between them. Business relationship between both parties is going well until Maky & Bros. has to recall all toys painted with the last shipment of paints from Mars & Sons. Some third parties tested the toys and found high concentration of toxins. Maky & Bros. is advised by its attorneys that it has many possible claims against Mars & Sons. After intense negotiation between the parties, they verbally agree to submit their dispute to non-binding arbitration. At the arbitration hearing, the arbitrator decides against Mars & Sons and but awards Maky & Bros. only a fraction of the amount of money it originally sought. Maky & Bros. wants to sit aside the arbitrator's award by appealing the decision to the court. Mars & Sons argues that the arbitrator's decision is final and cannot be appealed. Can Maky & Bros. appeal the arbitrator's award in this case?

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