terminix companies dobson argued october decided january termite prevention contract petitioner exterminators respondent gwin homeowner specified controversy thereunder settled exclusively arbitration respondents dobson purchased gwin home sued state following termite infestation petitioners asked denied stay allow arbitration contract federal arbitration act makes enforceable written arbitration provision contract evidencing transaction involving commerce alabama affirmed basis state statute invalidating predispute arbitration agreements ruling federal act applies time parties entered contract accepted arbitration clause contemplated substantial interstate activity despite activities found parties contemplated transaction primarily local substantially interstate held section interstate commerce language read broadly extend act reach limits congress commerce clause power use words evidencing involving restrict act application thereby allow state apply antiarbitration law policy pp legal background demonstrates act basic purpose overcoming judicial hostility arbitration agreements applies federal diversity cases state courts state statutes invalidating agreements see southland keating inappropriate overrule southland permit alabama apply antiarbitration statute since case considered page ii basic arguments raised nothing significant changed subsequently since interim private parties likely written contracts relying southland since congress southland enacted legislation extending retracting scope arbitration pp statute language background structure establish involving commerce words functional equivalent phrase affecting commerce normally signals congress intent exercise commerce power full see russell linguistic permissibility interpretation demonstrated dictionary definitions involve affect mean thing moreover act legislative history extent informative indicates expansive congressional intent described act reach expansively coinciding commerce clause see southland supra finally broad interpretation language consistent act basic purpose narrower interpretation create new unfamiliar test unnecessarily complicate law breed litigation reasons act scope said expanded along commerce power years even though congress passed act might well thought commerce clause stretch far turned mine workers coronado coal leather workers herkert meisel trunk bernhardt polygraphic america distinguished pp section evidencing transaction phrase means transaction contract evidences must turn fact involved interstate commerce several reasons commerce fact interpretation faithful statute contemplation parties test adopted courts first latter interpretation viewed terms statute basic purpose seems anomalous invites litigation contemplated often turn validity arbitration clause upon happenstance whether parties thought insert reference interstate commerce document mention initial conversation fits awkwardly rest second statute language permits commerce fact interpretation although interpretation concededly leaves little work word evidencing nothing act history suggests limiting task language third force basic practical argument underlying contemplation page iii parties test encroaching powers reserved must avoided diminished following holdings act displaces contrary state law finally despite amicus claim unclear whether objective version test better protect consumers asked sign form contracts businesses event authorizes invalidate arbitration clause upon grounds exist law equity revocation contract thereby gives method protecting consumers unwanted arbitration provisions pp parties contest transaction case fact involved interstate commerce breyer delivered opinion rehnquist stevens kennedy souter ginsburg joined filed concurring opinion scalia filed dissenting opinion thomas filed dissenting opinion scalia joined terminix companies dobson bartow farr iii washington richard taranto farr smith taranto joseph jones julian motes sirote permutt briefs petitioners allan chason bay minette kenneth chesebro chason chason jonathan massey kenneth hooks pittman hooks marsh dutton hollis briefs respondents justice breyer delivered opinion case concerns reach federal arbitration act section makes enforceable written arbitration provision contract evidencing transaction involving commerce emphasis added read phrase broadly extending act reach limits congress commerce clause power two underscored words involving evidencing significantly restrict act application conclude broader reading act correct one reverse state judgment contrary august steven gwin respondent owned house birmingham alabama bought lifetime termite protection plan plan local office terminix companies franchise terminix international company plan promised protect gwin house attack subterranean termites reinspect periodically provide treatment found necessary repair damage caused new terminix companies dobson termite infestations app terminix international guarantee fulfillment terms plan ibid plan contract document provided writing controversy claim arising relating interpretation performance breach provision agreement shall settled exclusively arbitration emphasis added alabama upheld denial stay basis state statute code making written predispute arbitration agreements invalid unenforceable reach conclusion find federal arbitration act conflicting state law apply termite contract made finding considered federal act inapplicable connection termite contract interstate commerce slight view act applies terminix companies dobson contract time parties entered contract accepted arbitration clause contemplated substantial interstate activity ibid emphasis original quoting metro industrial painting terminal constr lumbard concurring cert denied despite interstate activities like terminix multistate firm shipped treatment repair material state found parties contemplated transaction primarily local substantially interstate several state courts federal district courts like alabama interpreted act language requiring parties contract contemplated interstate commerce connection see burke county public schools bd ed shaver partnership palmer constr wichita band instrument app lacheney profitkey supp ed several federal appellate courts however interpreted language differently reaching limits congress commerce clause power see foster turley robert lawrence devonshire fabrics cert dism cf snyder smith cert denied granted certiorari resolve conflict said conclude broader reading statute right one terminix companies dobson ii reach main issues case must set forth three items legal background first basic purpose federal arbitration act overcome courts refusals enforce agreements arbitrate see volt information sciences board trustees leland stanford junior origins refusals apparently lie ancient times english courts fought extension jurisdiction opposed anything altogether deprive every one jurisdiction bernhardt polygraphic america frankfurter concurring quoting asphalt refining trinidad lake petroleum sdny quoting scott avery cas campbell american courts initially followed english practice perhaps stand ing upon antiquity rule prohibiting arbitration clause enforcement rather upon excellence reason bernhardt polygraphic supra quoting asphalt refining supra regardless congress passed arbitration act motivated first foremost desire change rule dean witter reynolds byrd intended courts enforce arbitration agreements parties entered ibid omitted place agreements upon footing contracts volt information sciences supra quoting scherk second initially assumed federal arbitration act represented exercise congress article iii power ordain establish federal courts art iii see southland keating terminix companies dobson dissenting collecting cases however held act based upon confined incontestable federal foundations control interstate commerce admiralty prima paint flood conklin mfg quoting considered following complicated argument act provisions contract remedies important often thus amount substantive procedural provisions law erie tompkins made clear federal courts must apply state substantive law diversity cases see also hanna plumer therefore federal courts must apply federal arbitration act diversity cases responded agreeing act set forth substantive law concluding nonetheless act applied diversity cases congress intended wrote congress may prescribe federal courts conduct respect subject matter congress plainly power legislate prima paint supra third holding prima paint led question congress intend act also apply state courts federal arbitration act conflicting state law state courts apply antiarbitration rules cases thereby reaching results different reached otherwise similar federal diversity cases southland keating supra decided congress wanted state federal courts reach different outcomes validity arbitration similar cases concluded federal arbitration act state law held state courts apply state statutes invalidate arbitration agreements terminix companies dobson set forth background respondents supported state attorneys general ask us overrule southland thereby permit alabama apply antiarbitration statute case irrespective proper interpretation southland however recognized issue difficult one considered basic arguments respondents amici raise even though issues thoroughly briefed time nothing significant changed years subsequent southland later cases eroded southland authority unforeseen practical problems arisen moreover interim private parties likely written contracts relying upon southland authority congress southland enacted legislation extending retracting scope arbitration see eliminating act state doctrine bar arbitration international arbitration reasons find inappropriate reconsider law therefore proceed basic interpretive questions aware interpreting act seeks broadly overcome judicial hostility arbitration agreements applies federal state courts must decide case whether act used language interstate commerce nonetheless limits act application thereby carving important statutory niche state remains free apply antiarbitration law policy conclude terminix companies dobson iii federal arbitration act provides written provision maritime transaction contract evidencing transaction involving commerce settle arbitration controversy thereafter arising contract transaction shall valid irrevocable enforceable save upon grounds exist law equity revocation contract emphasis added examining statute language background structure conclude word involving broad indeed functional equivalent affecting one thing interpretation linguistically terminix companies dobson speaking permissible dictionary finds instances involve affect sometimes mean thing oxford english dictionary ed providing examples dating back century involve means include affect operation another act legislative history extent informative indicates expansive congressional intent see act control interstate commerce reaches actual physical interstate shipment goods also contracts relating interstate commerce cong rec act affects contracts relating interstate subjects contracts admiralty remarks graham joint hearings subcommittees committees judiciary hereinafter joint hearings testimony charles bernheimer chairman committee arbitration chamber commerce state new york agreeing proposed bill relates contracts arising interstate commerce testimony julius cohen drafter american bar association much proposed bill language act reflects part strategy rid law anachronism get ting federal law cover interstate foreign commerce admiralty see also defining word commerce language commerce clause previously described act reach expansively coinciding commerce clause see perry thomas act embodies congress intent provide enforcement arbitration agreements within full reach commerce clause southland keating involving commerce requirement constitutionally terminix companies dobson necessary qualification act reach marking permissible outer limit see also prima paint flood conklin mfg harlan concurring endorsing robert lawrence devonshire fabrics congress enacting faa took pains utilize much power finally broad interpretation language consistent act basic purpose put arbitration provisions footing contract terms scherk conversely narrower interpretation consistent act purpose unless unreasonably narrowed flow commerce interpretation create new unfamiliar test lying somewhere land commerce affecting commerce thereby unnecessarily complicating law breeding litigation statute seeks avoid recognize arguments contrary deal congress passed act might well thought commerce clause stretch far turned unusual similar circumstances ask whether scope statute expand along expansion commerce clause power answer question affirmatively reasons set forth see mclain real estate bd new orleans hospital building trustees rex hospital gwins dobsons point two cases containing believe favorable language mine workers coronado coal leather workers herkert meisel trunk say said one might draw distinction terminix companies dobson one hand cases involve interstate commerce intrinsically hand cases affecting interstate commerce directly within federal regulatory power mine workers supra emphasis added leather workers supra one read cases driving wedge involve affecting yet cases construing statute containing words involving commerce furthermore nothing suggests drafters faa looked cases source cases use phrase involve intrinsically word involving alone sum cases support respondents position gwins dobsons far better reason point different case bernhardt polygraphic america case bernhardt new york resident entered employment contract containing arbitration clause new york polygraphic new york corporation bernhardt perform contract later became resident vermont faced question whether light erie federal apply federal arbitration act diversity case faced state law hostile arbitration reach question however decided contract involv interstate commerce therefore fell outside act since congress constitutionally speaking applied act bernhardt contract say parties say act word involving reaches far commerce clause best response argument point way reasoned bernhardt said said reason act apply bernhardt contract terminix companies dobson showing petitioner performing duties employment contract working commerce producing goods commerce engaging activity affected commerce within meaning decisions bernhardt supra emphasis added omitted iv section applies contract evidencing transaction involving commerce emphasis added second interpretive question focuses underscored words evidencing transaction mean transaction contract evidences must turn fact involved interstate commerce mean many years ago second circuit chief judge lumbard said phrase meant considerably wrote significant question whether carrying terms contract parties cross state lines whether time entered accepted arbitration clause contemplated substantial interstate activity cogent evidence regarding state mind terminix companies dobson time terms contract face evidences interstate traffic contract come within addition evidence parties expected contract performed performed relevant whether substantial interstate activity contemplated metro industrial painting terminal constr lumbard concurring second emphasis added find interpretive choice difficult several reasons conclude first interpretation commerce fact faithful statute second contemplation parties first contemplation parties interpretation viewed terms statute basic purpose seems anomalous interpretation invites litigation contemplated congress intend test risks kind costs delay litigation circumstances contract formation congress wrote act help parties avoid see moses cone memorial hospital mercury constr act calls summary speedy disposition motions petitions enforce arbitration clauses moreover interpretation often turn validity arbitration clause perspective statute basic purpose seems happenstance namely whether parties happened think insert reference interstate commerce document happened mention initial conversation parties sales contract arbitration clause might naturally think goods terminix companies dobson sold arbitration naturally think interstate commerce connection interpretation fits awkwardly rest section example permits parties agree submit arbitration existing controversy arising contract made earlier congress want risk later arbitration agreement even fully connected interstate commerce simply parties properly contemplate write interstate aspects earlier contract first interpretation requiring transaction fact involve interstate commerce avoids anomaly avoids anomalous effects growing contemplation parties test second statute language permits commerce fact interpretation interpretation concede leaves little work word evidencing phrase contract evidencing transaction perform every contract evidences transaction perhaps congress want word perform much work act history extent informative indicates act supporters saw act part effort make arbitration agreements universally enforceable wanted get federal law cover areas constitution authorized congress legislate namely interstate foreign commerce admiralty joint hearings testimony julius cohen urged congress model act new york statute made enforceable written arbitration provision written contract act apr ch laws hearing subcommittee senate committee judiciary testimony charles bernheimer early drafts made enforceable written arbitration provision contract terminix companies dobson maritime transaction transaction involving commerce sess emphasis added sess sess members congress looking phrase might thought words contract standing alone went beyond congress constitutional authority might simply connected words later words transaction involving commerce thereby creating phrase became law nothing act history suggests limiting task language third basic practical argument underlying contemplation parties test judge lumbard words need cautious construing act lest excessively encroach powers congressional policy constitution reserve metro industrial painting supra lumbard concurring practical force argument diminished light later holdings act displace state law contrary see southland keating perry thomas finally note amicus curiae argues objective reasonable person oriented version contemplation parties test ground interpretation better protect consumers asked sign form contracts businesses agree congress enacting law needs consumers well others mind see act avoiding delay expense litigation appeal big business little business alike corporate interests individuals indeed arbitration advantages often seem helpful individuals say complaining product need less expensive alternative litigation see terminix companies dobson advantages arbitration many usually cheaper faster litigation simpler procedural evidentiary rules normally minimizes hostility less disruptive ongoing future business dealings among parties often flexible regard scheduling times places hearings discovery devices according american arbitration association also amicus claims involve amounts another third involve claims average processing time less six months app brief american arbitration association amicus curiae uncertain however objective version contemplation test help consumers sometimes course permit say consumer potentially large damage claims disavow contract arbitration provision proceed equally permit say local business entities disavow contract arbitration provisions thereby leaving typical consumer small damage claim seeks say value defective refrigerator television set without remedy remedy costs delays eat value eventual small recovery event gives method protecting consumers unfair pressure agree contract unwanted arbitration provision may regulate contracts including arbitration clauses general contract law principles may invalidate arbitration clause upon grounds exist law equity revocation contract emphasis added may decide contract fair enough enforce basic terms price service credit fair enough terminix companies dobson enforce arbitration clause act makes state policy unlawful kind policy place arbitration clauses unequal footing directly contrary act language congress intent see volt information sciences reasons accept commerce fact interpretation reading act language insisting transaction fact involve interstate commerce even parties contemplate interstate commerce connection parties contest transaction case fact involved interstate commerce addition multistate nature terminix material used allegedly inadequate efforts carry terms plan came outside alabama consequently judgment alabama reversed case remanded proceedings consistent opinion ordered terminix companies dobson agree construction federal arbitration act applied federal courts interpretation comports fully understanding congressional intent restrictive definition evidencing involving doubtless foster prearbitration litigation frustrate purpose statute applied state courts however effect broad formulation troublesome reading adopted today displace many state statutes carefully calibrated protect consumers see mont code ann refusing enforce arbitration clauses consumer contracts consideration less state procedural requirements aimed ensuring knowing voluntary consent see code ann supp requiring notice arbitration provision prominently placed first page contract long adhered view discussed congress designed federal arbitration act apply federal courts apply act state courts makes little sense read differently context terminix companies dobson end agreement construction rests largely wisdom maintaining uniform standard continue believe congress never intended federal arbitration act apply state courts strayed far afield giving act broad compass see southland keating dissenting see also perry thomas dissenting york international alabama oxygen dissenting remand often said effect federal statute fundamentally question congressional intent see cipollone liggett group slip english general electric schneidewind anr pipeline rice santa fe elevator indeed held field congress said includes areas traditionally occupied congressional intent supersede state laws must clear manifest english supra quoting jones rath packing yet past decade abandoned pretense ascertaining congressional intent respect federal arbitration act building instead case case edifice creation see perry thomas supra stevens dissenting last years effectively rewritten statute give scope congress certainly intend doubt congress enact first instance federal arbitration statute displaces state arbitration laws also doubt congress enacted statute terminix companies dobson writing clean slate adhere view affirm alabama decision points years passed since southland several subsequent cases built upon reasoning parties undoubtedly made contracts reliance interpretation act interim reflection persuaded considerations stare decisis said special force area statutory interpretation patterson mclean credit union acquiesce today judgment though wrong southland proved unworkable always congress remains free alter done ibid today decision caps effort expand federal arbitration act although decision built logically upon decisions preceding initial building block southland laid faulty foundation acquiesce today judgment special justification overrule southland arizona rumsey remains congress correct interpretation wishes preserve state autonomy state courts terminix companies dobson justice scalia dissenting previously joined two judgments rested upon holding southland keating see volt information sciences board trustees leland stanford junior perry thomas neither cases however party ask southland overruled therefore necessary consider question present case contrast one respondents central arguments southland wrongly decided request overruling supported amicus brief signed attorneys general reasons set forth justice thomas opinion join agree respondents belatedly justice southland clearly misconstrued federal arbitration act believe proper application stare decisis prevents correction mistake adhering southland entails permanent unauthorized eviction power adjudicate potentially large class disputes abandoning impair reliance terminix companies dobson interests degree justifies evil primary behavior affected rule conduct retroactively changed perhaps forum violation determined remedied doubt many contracts arbitration clauses forgone entered significantly higher remuneration absent southland guarantee moreover reliance southland make significant difference rescission contract mistake law often available see corbin corbin contracts ed supp restatement second contracts shall future dissent judgments rest southland however stand ready join four justices overruling since southland become correct time course future lawmaking seems unlikely affected existence cf pennsylvania union gas scalia concurring part dissenting part accumulated private reliance likely increase beyond level already achieved contracts terminable term reasons respectfully dissent judgment terminix companies dobson justice thomas justice scalia joins dissenting disagree majority threshold case reach question decides view federal arbitration act faa apply state courts respectfully dissent southland keating concluded faa appl ies state well federal courts withdr aws power require judicial forum resolution claims contracting parties agreed resolve arbitration view aspects southland wrong section faa declares arbitration clause contained contract evidencing transaction involving commerce shall valid irrevocable enforceable save upon grounds exist law equity revocation contract see also defining commerce relevant terminix companies dobson mean commerce among several foreign nations face considered context draws apparent distinction federal courts state courts nearly years congress enacted faa suggest applied state courts see robert lawrence devonshire fabrics cert dism state agreed see rea express missouri pacific tex civ app stating faa applies noting waived case hand cf rubewa products watson quality turkey products waited conclude strong dissent justice extends see southland supra explanation delay simple statute congress enacted actually applies federal courts time faa passage laws governing enforceability arbitration agreements generally thought deal purely matters procedure rather substance directed solely mechanisms resolving underlying disputes cardozo explained arbitration form procedure whereby differences may settled definition rights wrongs differences grow berkovitz arbib houlberg holding new york arbitration statute faa copied purely procedural extraordinary terminix companies dobson congress attempt prescribe procedural rules state courts see ex parte gounis mo describing rule congress regulate control state courts modes procedure one general principles come accepted settled constitutional terminix companies dobson law faa enacted general background one read attempt see baum pressman enforcement commercial arbitration agreements federal courts rev noting faa purport extend teeth state proceedings though arguing constitutionally done williston thompson law contracts rev ed inasmuch arbitration acts deemed procedural faa applies federal courts omitted cf southland dissenting describing unambiguous legislative history effect indeed judge reported cases appears state even asked enforce statute many years passage faa federal courts part refused apply state arbitration statutes cases faa inapplicable see california prune apricot growers assn catz american refusal outgrowth decision swift tyson pet held certain categories state judicial decisions laws purposes rules decision act hence binding federal courts even swift state statutes unambiguously constituted laws rather federal courts apply state arbitration statutes statutes considered substantive laws see california prune supra undoubtedly true federal proper cases may enforce state laws principle applicable state legislation invoke creates establishes substantive general right short state arbitration statutes prescribed rules state courts faa prescribed rules federal courts terminix companies dobson easy understand lawyers classified arbitration statutes procedural arbitration agreement species clause without laying rules decision identifies adjudicator disputes strong argument made clauses concern procedure rather substance cf fed rules civ proc district consent parties may refer case magistrate resolution district may refer issues special master contractual provision deals purely matters judicial procedure one might well conclude questions whether enforced also relate procedure context confirms understanding faa original meaning sections statute plainly application state courts rather prescribe rules either federal courts arbitration proceedings thus provides suit proceeding brought courts upon issue referable arbitration agreement writing arbitration suit pending upon satisfied issue involved suit proceeding referable arbitration agreement shall application one parties stay trial action arbitration accordance terms agreement providing applicant stay default proceeding arbitration emphasis added party aggrieved alleged failure neglect refusal another arbitrate written agreement arbitration may petition terminix companies dobson district save agreement jurisdiction title civil action admiralty subject matter suit arising controversy parties order directing arbitration proceed manner provided agreement shall hear parties upon satisfied making agreement arbitration failure comply therewith issue shall make order directing parties proceed arbitration accordance terms agreement emphasis added upon petition district district arbitrators sitting may compel attendance person punish said person contempt manner provided law securing attendance witnesses punishment neglect refusal attend courts terminix companies dobson despite faa general focus federal courts course contains explicit limitation text statute nonetheless makes clear meant statement substantive law binding really understood creat federal substantive law requiring parties honor arbitration agreements southland breach arbitration agreement covered give rise federal question within jurisdiction federal district courts see yet ensuing provisions act without expressly taking away jurisdiction clearly rest assumption federal courts jurisdiction enforce arbitration agreements jurisdiction underlying dispute see words faa treats arbitration simply one means resolving disputes lie within jurisdiction federal courts makes clear breach covered arbitration agreement provide independent basis jurisdiction even southland majority forced acknowledge point conceding create independent jurisdiction otherwise reason give rise jurisdiction enacted purely procedural provision reason applies federal courts distinction substance procedure acquired new meaning erie railroad tompkins thus held erie purposes question whether stay litigation brought breach arbitration agreement one substantive law bernhardt polygraphic america later development change terminix companies dobson original meaning statute congress enacted although bernhardt classified portions faa substantive rather procedural mean understood congress extended faa reach beyond federal courts justice pointed faa original meaning southland dissent see majority offered one real response considered purely procedural provision majority reasoned congress extended contracts rather simply maritime transactions contract evidencing transaction involving interstate foreign commerce see yet congress might well thought even called upon federal courts enforce arbitration agreements every single case came federal interest unless interstate commerce maritime transactions involved conclusion far plausible southland idea congress viewed statement substantive law believed created jurisdiction even interstate commerce requirement raises uncertainty original meaning statute resolve uncertainty light core principles federalism congress may legislate areas traditionally regulated long acting within powers granted constitution assume congress exercise power lightly gregory ashcroft extent federal statutes ambiguous read displace state law rather must absolutely certain congress intended displacement give preemptive effect federal statute enactment substantive arbitration terminix companies dobson statute along lines envisioned southland displaced enormous body state law outside predispute arbitration agreements either wholly unenforceable least subject specific performance see generally note williams branning mfg detailed listing state cases far absolutely certain congress swept aside state rules quite sure suppose however first aspect southland correct requires enforce covered arbitration agreements contrary state law still textual basis southland suggestion requires enforce agreements remedy specific performance forcing parties submit arbitration contract surely valid irrevocable enforceable even though enforced actions damages thus eve faa enactment described executory arbitration agreements valid creating perfect obligation federal law even though federal courts refused order specific performance see red cross line atlantic fruit sure faa require federal courts specifically enforce arbitration agreements provisions deal respectively potential plaintiffs terminix companies dobson potential defendants underlying dispute holds plaintiffs promise take claims straight holds defendants promise submit arbitration rather making party sue case arisen one courts relevant upon proper motion obliged grant stay pending arbitration unless contract parties evidenc transaction involving interstate commerce see bernhardt holding limited arbitration agreements declares valid case arose courts alabama however petitioners forced contend imposes precisely obligation courts federal state imposes solely federal courts though southland supports argument simply correct superfluous alabama law brings issues sharp focus citing public policy grounds reach back bozeman gilbert alabama courts declared predispute arbitration agreements void see wells mobile county bd realtors separate state statute also includes agreement submit controversy arbitration among obligations specifically enforced alabama code especially light gregory ashcroft presumption even applicable naturally read alabama rule state statute statute make executory arbitration agreements invalid revocable unenforceable inclusion obligation render personal service statutory provision means employment contracts invalid alabama case hand statute terminix companies dobson appears provide adequate ground denial petitioners motion stay ii rather attempting defend southland merits petitioners rely chiefly doctrine stare decisis urging us adhere mistaken interpretation faa see reply brief petitioners view doctrine insufficient save southland majority ante justice ante properly focus whether overruling southland frustrate legitimate expectations people drafted executed contracts belief even state courts strictly enforce arbitration clauses doubt innumerable contracts containing arbitration clauses written since arbitrable disputes might yet arise large proportion contracts contracts might well written differently absence southland still see reason think costs overruling southland unacceptably high certainly reliance interests involved cases like present one applicability faa within contemplation parties time contracting many cases moreover parties simply comply arbitration agreement either theory live promises theory arbitration cheapest best way resolving dispute fair number remaining cases party seeking enforce arbitration agreement able get federal faa apply even access federal impossible creates independent basis jurisdiction many cases arise whose law largely parallels faa alabama mississippi terminix companies dobson nebraska still hold executory arbitration agreements unenforceable though refuse enforce particular classes agreements see strickland federal arbitration act interstate commerce requirement left state arbitration law hofstra rev quoting arizona rumsey justice nonetheless acquiesces majority judgment special justification overrule southland ante even approach necessity preserv ing state autonomy state courts seems sufficient suppose stare decisis really require us abide southland holding applies doctrine still require us follow southland suggestion requires specific enforcement arbitration agreements covers accord precedential weight mere dicta latter suggestion wholly unnecessary decision southland arbitration agreement issue valid respect particular claims dispute clearly subject specific performance state law indeed state trial already compelled arbitration claims raised complaint see southland cal code civ proc ann west accordingly question properly southland whether separate state law declaring arbitration agreement void applied remaining claims see discussing cal code ann west said perry thomas held california statute observed prior case see merrill lynch pierce fenner smith ware made certain arbitration terminix companies dobson clauses unenforceable subsequently reserved judgment extent state courts must enforce arbitration agreements mechanisms faa prescribe federal courts see volt information sciences board trustees leland stanford junior cf mcdermott lloyds underwriters london conclude opinions state courts necessarily grant stays conflicting litigation compel arbitration compliance faa sections short never actually held opposed stating implying dicta faa requires state stay lawsuits brought violation arbitration agreement covered believe faa imposes obligation state courts indeed statute wholly inapplicable courts affirm alabama judgment footnotes terminix companies dobson prevalent view arbitration statutes purely procedural conflict reasoning red cross line atlantic fruit case respects undermines southland position see infra part without analyzing question opinion red cross line assumed threshold validity arbitration agreement like validity sorts contracts matter substantive law see actual holding remedies available enforce valid arbitration agreement involve substantive law see perfectly consistent customary view discussed moreover faa text clearly reflects congress view statute enacted purely procedural time indeed federal courts award nominal damages breach agreements see aktieselskabet foderstof kompagniet rederiaktiebolaget atlanten aff grounds sub nom atlanten munson straits dover sdny aff page