Prof. Robin Hui HUANG has published an article “証券仲裁的禀賦特性與制度創新：自願性與强制性的衝突與調和” (The Characteristics and Institutional Innovation of Securities Arbitration: Conflict and Reconciliation between Voluntary and Mandatory Nature) with CUHK LAW PhD graduate Chao WANG in the Shanghai Jiaotong University Law Review (交大法學).

Abstract: With the rapid development of the securities market and the establishment of special representative litigation in 2019, the number of securities disputes has sharply increased in China. This paper argues that while allowing parties to voluntarily choose arbitration, China should support securities arbitration and adopt the provision of default arbitration. Respecting the autonomy of the parties, China should be more tolerant of securities mandatory arbitration standard clauses and gradually establish a special representative class arbitration system with “implied admission and explicit withdrawal”.

This publication is an outcome of Prof. Huang’s project on “Cross-border Listings and Regulatory Responses: Chinese Experiences and International Implications” under the RGC Humanities and Social Sciences Prestigious Fellowship Scheme 2022/23.

Read the article in Chinese here.