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Research on the Application of Financial Arbitration Rules and Hot Topics in China
KE-YU LONG(용기우),Zi-CHEN WANG(왕자침) 동아대학교 법학연구소 2023 國際去來와 法 Vol.- No.42
In China, financial arbitration is an integral part of the diversified mechanism for resolving financial disputes and serves as a valuable supplement to judicial litigation ain financial cases. With its comparative advantages in professionalism, efficiency, confidentiality, finality, and enforcement, financial arbitration has gained increasing popularity among parties involved in financial disputes, becoming an important system for their rights relief and leading to a continuous rise in the number and subject matter value of financial arbitration cases. However, there are certain differences in the financial arbitration rules formulated by arbitration commissions across different regions of China, particularly in terms of the application mode of arbitration rules, relevant time limits for arbitration procedures, and the appointment of arbitrators. Consequently, there is an urgent need for comprehensive national legislation specifically addressing financial arbitration. Regarding the focal points of disputes in financial arbitration cases, they mainly revolve around the determination of the manager’s fulfillment of the suitability obligations, the assumption of post-investment management obligations by managers, and the determination of the statutory responsibilities of asset custodians. In the post-pandemic era, the adjudicative approach of Chinese financial arbitration has been consistently evolving in line with the principles of good faith, freedom of contract, and fairness and justice. Additionally, there is a noticeable trend towards digital transformation in financial arbitration, and the synergistic mechanism among arbitration, litigation, and mediation has been greatly optimized.
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