미국법상 중재합의의 서면요건에 관한 고찰

• 영문명: Legal Review of the Writing Requirements on Arbitration Agreement: The U.S. Statutes and Cases
• 발행기관: 한국중재학회
• 저자명: 하충룡(Choong Lyong Ha)
• 간행물 정보: 『중재연구』 제27권 제2호, 19~36쪽, 전체 18쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

목차

Ⅰ. 서 론

Ⅱ. 미국계약법과 중재합의의 서면요건

Ⅲ. 미국중재법과 중재합의의 서면요건

Ⅳ. 결 론

키워드

arbitration agreement writing requirement statute of frauds parol evidence Federal Arbitration Act UNCITRAL Model Arbitration Act New York Convention