As China’s financial market continues to grow, transactions in the currency, capital, foreign exchange, gold and insurance arenas that relate to financing in both domestic and foreign currencies, and the assignment and sale of financial instruments and documents denominated in both domestic and foreign currencies, have gradually grown in complexity, making financial disputes today even more novel, diversified and complicated.
Against such a backdrop, the case becomes clear for the presence of financial disputes arbitration rules. These prompt arbitration institutions to adopt a more diversified, professional and flexible approach in their dealing with financial disputes, so as to ensure that arbitration institutions will be able to adapt to new changes and circumstances and resolve financial disputes in a professional, impartial and prompt manner.
China International Economic and Trade Arbitration Commission (CIETAC) has recently accepted a loan contract dispute between a bank and eight natural persons. The case, concluded only one month after the arbitral tribunal was formed, has yielded an arbitral award well regarded by the parties to the dispute. This efficient and impartial resolution of the dispute can be attributed to the fact that parties to the conflict have explicitly agreed to apply the financial dispute rules to the loan contract. The high efficiency of the rules is embodied in the following aspects:
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