중재합의의 유효성에 관한 미국법원의 해석과 함의

The U.S Court"s Interpretation of the Validity of Arbitral Agreements and Its Implication

&nbsp;&nbsp;This article focuses on comparative analysis between the U.S. and Korea through their Arbitration Acts, drawing its implication through the U.S. case laws regarding the validity of arbitral agreements. Based on the explanation on relevant arbitral agreement provisions, requirements of validity of arbitral agreements are established. In addition, related legal issues are dealt with through the U.S. case laws.<BR>&nbsp;&nbsp;Basic meanings of arbitral agreements in Dispute Resolution Process don&quot;t exclude the right legal systems of certain countries grant the parties. That&quot;s why the court of law intervenes in the area of arbitration in order to preserve the parties&quot; rights. Nevertheless, in Korea, case laws can&quot;t play a role as a gap-filler for Korea Arbitration Act because relevant cases are not common.<BR>&nbsp;&nbsp;This paper will provide us useful and meaningful guidances for better arbitral process in reviewing well-established U.S. cases.