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Open Access. Powered by Scholars. Published by Universities.®

1995

University of Missouri School of Law

Journal of Dispute Resolution

Commerce

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Full-Text Articles in Law

Federal Arbitration Act And Section 2'S Involving Commerce Requirement: The Final Step Towards Complete Federal Preemption Over State Law And Policy - Allied-Bruce Terminix V. Dobson, The, Isham R. Jones Iii Jul 1995

Federal Arbitration Act And Section 2'S Involving Commerce Requirement: The Final Step Towards Complete Federal Preemption Over State Law And Policy - Allied-Bruce Terminix V. Dobson, The, Isham R. Jones Iii

Journal of Dispute Resolution

In 1609, Lord Coke held agreements to arbitrate revocable at will at any time prior to the issuance of an award.' For three-hundred years following Lord Coke's decision, a similar mindset pervaded the judicial psyche of both England and the United States, requiring legislative action to overcome the dilemma.' Even after the enactment of the Federal Arbitration Act ("FAA" or "Act"), passed by Congress to combat judicial hostility to arbitration, courts continued to jealously guard their jurisdiction from non-traditional dispute resolution forums.4 Under Section 2 of the FAA, courts must enforce agreements to arbitrate contained in contracts which evidence a …