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Securities Arbitration System as a Kind of ADR

  • Journal of Regulation Studies
  • 2003, 12(2), pp.185-217
  • Publisher : 한국규제학회
  • Research Area : Social Science > Public Administration

Cheol Han 1

1한남대학교

Candidate

ABSTRACT

In these days, arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. With regard to securities disputes, investors who bring claims against broker-dealers are increasingly using arbitration to obtain a remedy for the alleged wrong committed against them. It would be necessary to introduce securities arbitration system to our disputes resolution system. Compared to American practices, there could be many differences in recognition on arbitration and legal structure in our country. Thus it will be a future assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us. This article analyzed predispute arbitration agreements and agreements to arbitrate after a dispute has already arisen. It began with a broad overview of arbitration and securities arbitration. And it discussed arbitration legislation and arbitration case law. Then it analyzed laws on securities arbitration. Additionally, common securities arbitration issues were analyzed. Then, this article discussed cases in which securities arbitration may be conducted. Finally, some legal issues on securities arbitration decisions were discussed.

Citation status

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