The United States Supreme Court's Expansive Approach to the Federal Arbitration Act: A Look at the Past, Present, and Future of Section 2

Authors

Preston Douglas Wigner, University of Richmond

Abstract

The Federal Arbitration Act ["FAA"] was enacted in 1925 to ensure the validity and enforcement of arbitration agreements in contracts involving maritime transactions or interstate commerce. Intending the Act to be a simple method by which an opportunity would be given to enforce written arbitration agreements, Congress enacted what has become a confusing and controversial statute. Because of the absence of an in-depth discussion regarding the scope and applicability of the Act, Congress placed unintended burdens upon the courts to decipher congressional intent. Of particular concern to the courts was the authority by which Congress enacted the FAA.

Recommended Citation

Preston D. Wigner, The United States Supreme Court's Expansive Approach to the Federal Arbitration Act: A Look at the Past, Present, and Future of Section 2, 29 U. Rich. L. Rev. 1499 (1995).
Available at: https://scholarship.richmond.edu/lawreview/vol29/iss5/6