Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms
Abstract This paper proposes a review of the American literature, as well as the main rulings of Supreme Court of United States, aiming to map the pros and cons of inserting a mandatory pre-dispute arbitration clause in contracts between investors and brokerage/advisory firms that trade on the secur...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Fundação Getúlio Vargas, Escola de Direito
|
| Series: | Revista Direito GV |
| Subjects: | |
| Online Access: | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000200520&lng=en&tlng=en |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832571612468084736 |
|---|---|
| author | DÉBORA CHAVES MARTINES FERNANDES |
| author_facet | DÉBORA CHAVES MARTINES FERNANDES |
| author_sort | DÉBORA CHAVES MARTINES FERNANDES |
| collection | DOAJ |
| description | Abstract This paper proposes a review of the American literature, as well as the main rulings of Supreme Court of United States, aiming to map the pros and cons of inserting a mandatory pre-dispute arbitration clause in contracts between investors and brokerage/advisory firms that trade on the securities market. The study discusses some proposals to banish this sort of clause and some ideas to reach a middle ground solution. |
| format | Article |
| id | doaj-art-bde914787bdf4771ad3005306977ed92 |
| institution | Kabale University |
| issn | 2317-6172 |
| language | English |
| publisher | Fundação Getúlio Vargas, Escola de Direito |
| record_format | Article |
| series | Revista Direito GV |
| spelling | doaj-art-bde914787bdf4771ad3005306977ed922025-02-02T12:30:18ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-617213252053610.1590/2317-6172201720S1808-24322017000200520Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firmsDÉBORA CHAVES MARTINES FERNANDESAbstract This paper proposes a review of the American literature, as well as the main rulings of Supreme Court of United States, aiming to map the pros and cons of inserting a mandatory pre-dispute arbitration clause in contracts between investors and brokerage/advisory firms that trade on the securities market. The study discusses some proposals to banish this sort of clause and some ideas to reach a middle ground solution.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000200520&lng=en&tlng=enArbitrationinvestors’ protectionbrokerage/advisory firmssecurities marketadhesive contractsconsumers |
| spellingShingle | DÉBORA CHAVES MARTINES FERNANDES Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms Revista Direito GV Arbitration investors’ protection brokerage/advisory firms securities market adhesive contracts consumers |
| title | Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms |
| title_full | Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms |
| title_fullStr | Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms |
| title_full_unstemmed | Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms |
| title_short | Investors´ protection in the U.S.: the issue of mandatory arbitration clauses in contracts between investors and brokerage/advisory firms |
| title_sort | investors´ protection in the u s the issue of mandatory arbitration clauses in contracts between investors and brokerage advisory firms |
| topic | Arbitration investors’ protection brokerage/advisory firms securities market adhesive contracts consumers |
| url | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000200520&lng=en&tlng=en |
| work_keys_str_mv | AT deborachavesmartinesfernandes investorsprotectionintheustheissueofmandatoryarbitrationclausesincontractsbetweeninvestorsandbrokerageadvisoryfirms |