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上海版证券期货仲裁规则即将出台,纠纷化解能级有望持续提升
Di Yi Cai Jing·2025-11-04 10:54

Core Viewpoint - The China (Shanghai) Securities and Futures Arbitration Center will soon launch arbitration rules and related guidelines to enhance the efficiency and effectiveness of dispute resolution in the securities and futures sector [1][2]. Group 1: Arbitration Center Development - The Shanghai Arbitration Committee is responding to policy requirements and market demands by establishing the China (Shanghai) Securities and Futures Arbitration Center by the end of 2024, building on the Shanghai Financial Arbitration Institute [1]. - The arbitration center has already published its first list of recommended professional arbitrators and has signed cooperation memorandums with major exchanges to integrate arbitration theory and practice [1][2]. Group 2: Case Statistics - In the past five years, the Shanghai Financial Arbitration Institute has handled nearly 8,000 financial cases with a dispute amount close to 1,000 billion, including over 3,000 securities and futures cases amounting to nearly 600 billion [1]. - Since its establishment, the arbitration center has accepted nearly 1,200 financial cases, with around 600 related to securities and futures [1]. Group 3: Characteristics of Securities Arbitration - The arbitration process is characterized by six features: autonomy of parties, finality of decisions, confidentiality, professional adjudicators, procedural flexibility, and enhanced preservation and enforcement effectiveness [2]. - The arbitration philosophy emphasizes respect for contractual spirit and commercial practices, ensuring equal protection for both parties and focusing on the legal and social effects of decisions [2]. Group 4: Benefits of Arbitration - Arbitration offers several advantages for resolving securities and futures disputes, including confidentiality, efficiency through finality of decisions, professional adjudication, and a supportive judicial environment in Shanghai [3]. - The increasing complexity and specialization of securities and futures disputes necessitate a higher quality and efficiency from arbitration institutions [3]. Group 5: Risk Prevention Suggestions - Market participants are advised to verify the legal identity and qualifications of counterparties, adhere to legal obligations, clearly define responsibilities in contracts, maintain evidence throughout the transaction process, and be proactive in exercising rights [4].