纠纷反复、调解后拒不执行,证券期货界期待加强“仲调”联动
Di Yi Cai Jing·2025-11-26 11:09

Core Viewpoint - The article emphasizes the need to optimize the connection mechanism between arbitration and mediation in the securities and futures dispute resolution process, addressing issues such as contract breaches and enforceability of mediation agreements [1][3][4]. Group 1: Current Issues in Dispute Resolution - Securities and futures disputes are increasingly complex, with diverse parties and claims, making traditional resolution methods inadequate [3][4]. - Mediation agreements often lack enforceability, leading to situations where investors may backtrack or refuse to comply, highlighting the need for stronger arbitration support [4][7]. - There are existing challenges in evidence connection and repetitive work during the mediation process, which necessitates streamlined procedures [8]. Group 2: Proposed Solutions and Initiatives - The Shanghai Arbitration Commission plans to introduce new arbitration rules and guidelines to align with international standards, aiming to create a high-level dispute resolution platform [1][2]. - Key areas of focus include optimizing fee structures, improving mediation procedures, establishing dynamic rights confirmation mechanisms, and enhancing early intervention strategies [2][5]. - A collaborative agreement between the Investor Service Center and the Shanghai Arbitration Commission aims to deepen case studies, refine rule systems, and develop a standardized fee structure for dispute resolution [4][5][6]. Group 3: Future Directions - The future collaboration will explore standardized business processes that align mediation practices with arbitration rules, enhancing operational efficiency [6]. - There is a call for the establishment of a case library and early involvement of arbitration institutions in the mediation process to facilitate smoother transitions to arbitration confirmation [8]. - The need for unified standards in arbitration efficiency and the balancing of party autonomy with equitable interests is highlighted as essential for substantive dispute resolution [8].

纠纷反复、调解后拒不执行,证券期货界期待加强“仲调”联动 - Reportify