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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
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This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored an hostile attitude toward arbitration. The purpose of Federal Arbitration Law(FAA) of United States enacted in 1925 is to eliminate the hostile attitude of courts toward arbitration. The congress is to enforce arbitration agreements into which parties had entered and to place arbitration agreements upon the same footing as other contracts. The structure of vacating grounds of arbitration awards has two layers. One is the vacating grounds originated from statutory origins such as Federal Arbitration Act(FAA) and Uniform Arbitration Act, and the other, the vacating grounds originated from non-statutory, case law background. For a while, the vacatur of case law has co-existed with those of statutory ground for the vacating arbitration awards. After the advent of Hall Street, however, the justification of vacating ground of case law weakens. Post-Hall Street decisions of circuit courts show that there are a couple of routes to deal with manifest disregard of law. One of them is the harmonization of the vacating ground of case law with statutory ground. It seems to be that the manifest disregard of law and public policy exception show the possibility of survival after Hall Street. However, the other non-statutory ground for vacation of arbitration awards have no firm ground for vacating arbitration awards after Hall Street.
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참고문헌 (30)
참고문헌 신청
/ 2000 / Uniform Arbitration Act / National Conference of Commissioners on Uniform State Laws
Berger, James, E / 2009 / The Evolution of Judicial Review Under the Federal Arbitration Act / New York University Journal of Law and Business 5 : 745 ~ 792
Biesterfeld, Lindsay / 2006 / Courts have the Final Say: Does the Doctrine of "Manifest Disregard" Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review?” / J
Braun, Matthew E. / 2002 / The Revised Uniform Arbitration Act / Ohio State Journal of Dispute Resolution 18 : 237 ~ 248
Burch, Thomas, V. / 2010 / Manifest Disregard and the Imperfect Procedural Justice of Arbitration / University of Kansas Law Review 59 : 47 ~ 83
Berger, James, E / 2009 / The Evolution of Judicial Review Under the Federal Arbitration Act / New York University Journal of Law and Business 5 : 745 ~ 792
Biesterfeld, Lindsay / 2006 / Courts have the Final Say: Does the Doctrine of "Manifest Disregard" Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review?” / J
Braun, Matthew E. / 2002 / The Revised Uniform Arbitration Act / Ohio State Journal of Dispute Resolution 18 : 237 ~ 248
Burch, Thomas, V. / 2010 / Manifest Disregard and the Imperfect Procedural Justice of Arbitration / University of Kansas Law Review 59 : 47 ~ 83
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