Alternative Dispute Resolution Agreements in the Securities Exchange: Analysing the Approach of Three Systems
Download
Download
Download
Full text for this resource is not available from the Research Repository.
Export
Jaberi, Mohammad Saleh and Zeller, Bruno (2012) Alternative Dispute Resolution Agreements in the Securities Exchange: Analysing the Approach of Three Systems. Macquarie Journal of Business Law, 9. pp. 236-250. ISSN 1449-0269
Abstract
One of the most important aspects of Alternative Dispute Resolution (ADR) methods isthat the process is consensual in nature. All arbitration acts and most other ADR rules require parties to agree on referring their disputes to an alternative method instead of national courts. However, there is no worldwide consensus regarding the application of any ADR methods in securities exchange disputes between brokers and their clients. The U.S Supreme Court decisions in Shearson/American Express Inc. v. McMahon and Rodriquez de Quijas v. Shearson/American Express, Inc. at the other end of the spectrum indicated that the prohibition of arbitration in the securities exchange disputes is not always possible. What can be said is that the Supreme Court of the United States held in these cases that the arbitration clause in the broker-client contracts is not inconsistent with the aim of the Securities Acts of the U.S.
| Item type | Article |
| URI | https://vuir.vu.edu.au/id/eprint/22762 |
| Official URL | http://0-www.heinonline.org.polar.onu.edu/HOL/Page... |
| Subjects | Historical > FOR Classification > 1801 Law Current > Division/Research > College of Law and Justice |
| Keywords | ResPubID25987, disputes, securities, closed system, semi-open system, open system, stock markets |
| Download/View statistics | View download statistics for this item |
CORE (COnnecting REpositories)