ABSTRACT

This chapter offers an overall assessment of the development of securities dispute resolution in China. It includes the development of law and regulations, the development of judicial procedures and rules, and the development of alternative resolution of securities disputes through mediation and arbitration leading to major and important amendments made in 2005 to the 1998 Securities Law and 1993 Company Law. The chapter focuses on roles played by securities regulators and other relevant administrative authorities, the function of judicial committee of the people's court in relation to securities dispute resolution, and the issues of financial security and social stability and their influence to the process of securities dispute resolution. The understanding of the resolution of securities disputes by the people's courts should be within China's administrative, economic, legal, social and political contexts. China's entry into the World Trade Organization (WTO) in 2001 and implementation of China's WTO commitments in Chinese financial services law have further opened up China's securities market.