증권중재제도 도입에 관한 연구 -프랑스의 관련법과 실제를 중심으로-

Abstract

Recently there has been a lively discussion on the introduction of securities arbitration system in our country. Most of legal scholars are of the opinion that securities arbitration system is indispensible to resolve securities disputes. But it would be very difficult to adopt the proper legal system. Because there is no legal framework in the field of securities arbitration system. Under these circumstances, a lot of specialists assert that U.S. Securities Arbitration System should be carefully considered and examined. In effect securities arbitration was used from the beginning of the 19th century in New York Stock Exchange. Up to the present a considerable number of law professors have made a study of this U.S. system. But this study focused on French Securities Arbitration System which had been unknown to us. In the first part of this study, French securities disputes resolution system was researched together with our relevant system. This study started with a general view on the development process which is related to French system of securities disputes resolution. Secondly, this study examined AMF agency that was newly-organized in 2003. AMF agency plays an important role in resolving financial disputes in France. Thirdly, this study emphasized the direction in which our relevant system will advance. In the second part of this study, the research was made with respect to French commercial arbitration system and securities arbitration system both in theory and in practice. In the course of this study, the present situation and the future prospect about French securities arbitration system were considered. In conclusion, under the French legal circumstances, it will take long time before securities arbitration system will come to stay. So it is not necessary to be too eager for success as far as our relevant system is concerned.