중재합의의 당사자자치에 관한 미국계약법상 해석

• 영문명: Party Autonomy in Arbitration Agreement: The U.S. Laws
• 발행기관: 한국중재학회
• 저자명: 하충룡(Choong-Lyong Ha)
• 간행물 정보: 『중재연구』 제29권 제2호, 89~105쪽, 전체 17쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2019.05.30

영문 초록

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

목차

Ⅰ. 서론

Ⅱ. 중재계약과 당사자자치

Ⅲ. 당사자자치와 중재계약 약자의 보호법리

Ⅳ. 함의

참고문헌

Abstract

키워드

중재합의 당사자자치 중재조항분리원칙 부합계약 부실고지 착오 사기 강박 arbitration agreement party autonomy contract of adhesion Federal Arbitration Act separability of arbitration clause VKI doctrine