지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Today's arbitrations see themselves as the most effective scheme for dispute resolution in a variety of transactional context. While some kind of ADR system was already introduced in Korea as of 2007 with revision of the Consumer Basic Law, consumers' needs in dispute resolution remain unmet.
Recently one consumer arbitration case divides the U.S. Supreme Court. Of course, the result of the case is expected to affect tens of millions of arbitration agreements in the States which has the most developed scheme in consumer arbitrations. While Arbitration clauses in adhesion contracts are not automatically held to be substantively unconscionable, Class action waivers are one of the most controversial issues in consumer arbitration.
In this study, with the theoretical background of consumer arbitrations general, contractual defenses against adhesive contracts, reviewed are U.S. federal courts' attitudes toward certain consumer arbitration agreement including the class arbitration waiver. Moreover, several issues in AT&T case are examined for practical implications for consumer dispute resolution. All of these are expected to initiate further research to find some guidelines for the proper status and operation of consumer arbitration here in Korea.
목차
등록된 정보가 없습니다.
참고문헌 (20)
참고문헌 신청
Bland, F / 2004 / CONSUMER ARBITRATION AGREEMENTS: Enforceability and Other Topics 4th ed / National Consumer Law Center : 51 ~ 52
Dunham,Edward Wood / 1997 / The Arbitration Clause as Class Action Shield / Franchise Law Journal 16
Gilles,Myriam / 2005 / Opting Out of Liability:The Forthcoming Near Total Demise of the Modern Class Action / Michigan Law Review 104
Harbison,Kenyon D / 2008 / Are Contingent-fee Attorneys Deterred? How Courts Can More Effectively / Appalachian Journal of Law 7
Issacharoff, Samuel / 2006 / Credit Card Accountability / University of Chicago Law Review 73
Dunham,Edward Wood / 1997 / The Arbitration Clause as Class Action Shield / Franchise Law Journal 16
Gilles,Myriam / 2005 / Opting Out of Liability:The Forthcoming Near Total Demise of the Modern Class Action / Michigan Law Review 104
Harbison,Kenyon D / 2008 / Are Contingent-fee Attorneys Deterred? How Courts Can More Effectively / Appalachian Journal of Law 7
Issacharoff, Samuel / 2006 / Credit Card Accountability / University of Chicago Law Review 73
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