Research On Legal Issues Of Financial Arbitration

“ Financial activities and economic activities”,finance plays an increasingly important role in the market economy.As China's market economy continues to deepen its reform and development,the financial economy has promoted the innovation and improvement of the financial market.In addition to traditional markets for banking,insurance,securities,funds,and conventional financial derivatives,the creation of other financial institutions,financial institutions with Chinese characteristics,and regional financial trading markets are numerous.With the development of big data,“Internet+”,blockchain and other technical means,and the emergence of financial formats such as digital currency,channels,capital pools,P2 P,cash loans,Ponzi financing universal insurance,all financial channels are presented.The tendency of mutual superposition,coupled with the imperfect financial regulatory system in China,can easily lead to financial chaos.Under this background,traditional financial services have continued to develop in a virtual and digital virtual direction,and have made various types of financial transactions,involving a large number of legal relationships,and the emergence of new types of financial disputes.Diversified dispute resolution mechanisms have emerged as the times require.As an important form of diversification to solve financial disputes,financial arbitration has become an independent dispute resolution method in the new era and has been continuously developed and improved.As financial arbitration is still in its early stages of development and exploration,coupled with flaws or even blanks in the higher level of arbitration,the financial arbitration system is not perfect,and the financial arbitration practice standards are not uniform,etc.,the legal issues of financial arbitration are aggravated.This paper conducts research and discussion on the connotation,characteristics,procedures,and historical evolution of financial arbitration through theoretical discussions and case studies,induction and deduction,and a combination of time dimensions and spatial dimensions,and combinescommon types of financial disputes in practice.(Security Disputes,Commercial Bank Disputes,and Financial Lease Disputes)and related cases,arguing that there are problems with the validity of arbitration agreements,arbitration assets preservation,arbitrators,and third party arbitration systems in financial arbitration,as well as the above issues and causes.Based on the analysis,combined with the current legislation and financial arbitration practices,it proposes the establishment of financial arbitration industry guidance rules,the development of typed financial arbitration rules,the construction of prior arbitration system,and the strengthening of financial arbitration awards.It encourages the creation of cross-regional financial arbitration institutions.As well as promoting the conception and countermeasures for the establishment and perfection of the “Internet + Financial Arbitration” platform,it is innovative,and has a guiding role in theory and practice,helping to make financial arbitration a real realization of “financial return to the original and the real economy”.Services Important means.