Commercial Arbitration Agreements and the Uniform Commercial Code

California Law Review, Vol. 67, p. 317, 1979

33 Pages Posted: 2 Jul 2009

See all articles by Dale Beck Furnish

Dale Beck Furnish

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1979

Abstract

Arbitration has become very important to the resolution of commercial disputes in the United States. The increasingly rapid growth in the use of commercial arbitration is almost certain to continue. Despite the trend toward judicial acceptance of arbitration, some courts misapply section 2-207 of the Uniform Commercial Code to nullify arbitration provisions in many commercial controversies. This article argues that many of the barriers to greater use of arbitration that courts draw from the Uniform Commercial Code are the result of misguided analysis. It suggests that the Code be amended to assure that courts interpret section 2-207 consistently with federal law governing arbitration in order to facilitate the continued growth of arbitration as a forum for resolving commercial disputes.

Keywords: Arbitration, Commercial Litigation, Uniform Commercial Code Section 2-207

Suggested Citation

Furnish, Dale Beck, Commercial Arbitration Agreements and the Uniform Commercial Code (1979). California Law Review, Vol. 67, p. 317, 1979, Available at SSRN: https://ssrn.com/abstract=1428606

Dale Beck Furnish (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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