- 소비자중재합의의 미국계약법상 항변
- The U.S. Contract Law Defenses in Consumer Arbitration Agreement
- ㆍ 저자명
- 하충룡,Ha. Choong-Lyong
- ㆍ 간행물명
- 중재연구
- ㆍ 권/호정보
- 2010년|20권 2호|pp.151-171 (21 pages)
- ㆍ 발행정보
- 한국중재학회
- ㆍ 파일정보
- 정기간행물| PDF텍스트
- ㆍ 주제분야
- 기타
This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.