The Study on The Arbitration of Securties Regulation

• Main Authors: Pei-Shau Wu, 吳珮韶
• Other Authors: Wu Kuang Ming
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/65889344141231032232

碩士 === 中原大學 === 財經法律研究所 === 96 === Abstract In practice, there are five ways for the investors to solve the disputes of securities trading: (1) report the offense to the authorities like SEC or securities exchange for the purpose of remedy, (2) concerned parties settle by themselves, (3) use securities mediation system, (4) resort to arbitration, (5) bring out the litigation. However, above five ways are with merits and demerits, and the solutions to disputes of securities are important to the development of securities market. The management of securities market is specific and systemic; therefore arbitration is increasingly vital to settle the securities disputes. Since Chapter Sixth of securities regulations regulates the securities arbitration, but those will be applied to Arbitration Law when they are not regulated by securities regulations. Consequently, this study will first examine system of arbitration and Arbitration Law and as well will elaborate on the fundamental aspects in which arbitration may involve. Secondly, this writing will introduce the basic concepts of securities disputes together with securities arbitration and to gain a better understanding of what is category of securities disputes. Meantime, relevant statutes will be inducted and its legal character will be assessed in order to analyze factors of real cases happened in practice. Moreover, the United States is the mother country of securities arbitration, with about 200 years of history and securities arbitration becomes the main solution to securities disputes. After several years of development, securities arbitration in the United States is increasingly matured and with blazing advantages for its regulations which could inspire us well, especially when we re-contract ours. Hence, this study will provide examples from securities arbitration legislative procedures in the United States as well as its influence, examining the shift in the court of incline to securities arbitration. By careful perusal of legislative procedures in the United States, the comparison in regards to what are advantages and disadvantages of our system will further provide some suggestions beneficial to amend our relevant frame and regulations. Finally, demerits of our arbitration organization and existing regulations will be analyzed in hope that a more reasonable system of securities arbitration could be established and that will become reference for future lawmakers. Key words: securities, arbitration, arbitrator, securities arbitration, FAA