부합중재합의의 이행가능성과 단체소송에의 적용가능성

Enforceability Adhesive Arbitration Agreements and their Application to Class Actions

The main objective of this study is to introduce several issues in adhesive arbitration agreements， focusing on the relationship with class action, which is relatively unfamiliar in Korean arbitration. Currently, U.S. arbitration law and practice pose little threat to the enforceability of typical adhesive arbitration agreements, but the same cannot be said of adhesive arbitration agreements that prohibit class adjudication. Experience in applying both the unconscionability doctrine and effective vindication doctrine have presented certain improvements to facilitate the resolution of class actions especially through arbitration as an alternative dispute resolution mechanism. With the general review of enforcing adhesive arbitration agreements, especially those prohibiting class actions in U.S. arbitration practices this study is expected to invite further discussions on the proper operation of class action in Korean arbitration.