Research On Financial Arbitration System

In the process of establishment of China's marketing economy, autonomous principle has been widely implemented. As an approach of resolving civil and commercial dispute, arbitration has been widely chosen for its independent, justice, agility, convenience, compatibility, harmony and economy, and it promoted the coordinate development of the marketing economy. The financial industry, as the core of modern economy, faces various financial disputes, which is increasing complicated at home and abroad. So it needs a rapid, convenient, harmonious and effective approach to resolve the disputes.The thesis firstly gives a general introduction of the financial system. Through analyzing the characteristics of the financial disputes, the thesis introduces the comparison between the approaches of resolving financial disputes, and makes the conclusion that financial arbitration is the best approach to resolve the financial disputes.Financial arbitration is characterized with rapidness, specialty, agility, privacy, economy and the advantage of recognition and enforcement. And characteristics make the financial arbitration better than other approaches of resolving the financial disputes.As to the nature of financial arbitration, through the research on different theory and review on the characteristics of financial arbitration, the thesis holds that financial arbitration has a dual character of contraction and jurisdiction. As to the type of financial arbitration, according to different standards, financial arbitration can be classified as institutional arbitration and temporary arbitration, amicable arbitration and legal arbitration. Institutional arbitration and legal arbitration should be the main form of financial arbitration.Secondly, the thesis gives an introduction on the fundamental legal issues of the financial arbitration.As to the arbitrability of financial arbitration, the thesis introduces that the global trend on the issue is to reduce the restrictions on the arbitrability of disputes and hold an relatively easy attitude towards the range of arbitrability disputes.As to the property preservation in financial arbitration, on division of period during and before the arbitration, the thesis introduces the regulations of foreign countries and the weakness of China's property preservation system on dealing with the financial disputes.As to the recognition and enforcement of financial arbitration, the thesis mainly introduces regulations of "Convention on the Recognition and Enforcement of Foreign Arbitral Awards".Thirdly, the thesis introduces the practice of financial arbitration in America, Britain and the international financial institutions.Finally, the thesis gives an introduction on China's financial arbitration system. In the short over ten years, financial arbitration has achieved quite great development in China, many places establish professional financial arbitration institution one after another and the financial arbitration business is in the ascendant. The new development of China's financial arbitration business is the most important part of this chapter. In this part, the thesis introduces the main content and the features of "Arbitration Rules of Financial Disputes of CIETAC ", comment on the rules and point out and analysis the places where need to be improved.