| 翻訳と辞書 |
| arbitration clause ： ウィキペディア英語版 |
arbitration clause
An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside of the courts, and is therefore considered a kind of forum selection clause.
==Enforceability==
In the United States, the federal government has expressed a policy of support of arbitration clauses, because they reduce the burden on court systems to resolve disputes. This support is found in the Federal Arbitration Act, which permits compulsory and binding arbitration, under which parties give up the right to appeal an arbitrator's decision to a court. In ''Prima Paint Corp. v. Flood & Conklin Mfg. Co.'', the U.S. Supreme Court established the "separability principle", under which enforceability of a contract must be challenged in arbitration before any court action, unless the arbitration clause itself has been challenged.
Some legal orders exclude or restrict the possibility of arbitration for reasons of the protection of weaker members of the public, e.g. consumers. E.g., German law excludes disputes over the rental of living space from any form of arbitration,〔Section 1030 subsection 2 ''Zivilprozessordnung''〕 while arbitration agreements with consumers are only considered valid if they are signed,〔To be correct: A certain form, as defined by statute, of an electronic signature using a chip card and a PIN code is also sufficient〕 and if the signed document does not bear any other content than the arbitration agreement.〔Section 1031 subesction 5 of the ''Zivilprozessordnung''.〕 The restriction does not apply to notarized agreements, as it is presumed that the notary public will have well informed the consumer about the content and its implications.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「arbitration clause」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|