미국에 있어서의 소송대체적 분쟁해결제도 - 증권분쟁을 중심으로 -

• 영문명: US Securities Arbitration as Alternative Dispute Resolution
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 심영(Young Shim)
• 간행물 정보: 『비교사법』비교사법 제11권 2호, 531~565쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

The Commission on Judicial System Reform in the Korea's Supreme Court has decided to discuss subject on alternative dispute resolution(ADR) system in 2004. This article introduces the US ADR system, especially securities arbitration for helping Korea's judical system reform in the area of securities disputes. In US ADR refers to the various methods by which disputes are settled outside the court system. ADR offers many advantages. It usually entails fewer costs and allows disputes to be resolved relatively quickly. It also offers the advantages of privacy and flexibility. Arbitration is widely regarded by the legal community as a useful method of alternative dispute resolution. The standard justification for the existence and usefulness of arbitration as an alternative system of dispute resolution is that it is a quicker and cheaper method of resolving disputes than litigation. In the US securities industry, most brokerage firms require their customers to sign standard-form printed agreements containing arbitration clauses as a condition of opening an account, and most customerbroker disputes are subject to arbitration agreements. The securities self-regulatory organizations(SROs), such as NASD and NYSE, provide arbitration services for their members and the customers. Therefore most securities disputes are resolved by the SROs' arbitration system. The Chapter Two presents US ADR system in general for the better understanding of US securities arbitration. The Chapter Three evaluates the developments and backgrounds of US securities arbitration system. The Chapter Three also analyses the US securities arbitration procedures. The Chapter Five suggests the Korea needs to consider the arbitration as ADR in the securities disputes.

목차

Ⅰ. 서 설

Ⅱ. 미국의 소송대체적 분쟁해결제도

Ⅲ. 미국의 증권분쟁해결을 위한 중재제도

Ⅳ. 미국의 증권분쟁해결제도의 시사점

참 고 문 헌

【ABSTRACT】