증권중재에 있어서 중재인과 법원의 역할

Abstract

In these days, arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. With regard to securities disputes, investors who bring claims against broker-dealers are increasingly using arbitration to obtain a remedy for the alleged wrong committed against them. It would be necessary to introduce securities arbitration system to our disputes resolution system. Compared to American practices, there could be many differences in recognition on arbitration and legal structure in our country. Thus it will be a future assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us. American Supreme Court's decision in Howsam promotes the longstanding policy in favor of arbitration. By not establishing the clear and unmistakable standard necessary to remove questions of arbitrability from the courts and place them in the hands of arbitrators, the Court again fails to close the door to future litigation. However, the decision ensures the time and cost efficiency afforded by arbitration. Holding that the arbitrator is to apply the rule, the Court resolves the conflict among the circuit courts regarding the question of whether the arbitrator or a court is to apply the NASD's time limit rule. In doing so, the decision removes the confusion and uncertainty from the securities arbitration process and increases investor protection.