投资人与上市公司证券纠纷可仲裁性探讨

证券市场上因虚假陈述、操纵股价、内幕交易、欺诈客户等违法行为导致投资者利益受损,在我国目前通过司法救济不仅尚不完全且困难重重,而快捷便利的仲裁在这方面亦未发挥应有的作用。无论从证券仲裁的价值理念,还是国外的仲裁实践抑或我国的立法状况,仲裁机构受理投资者与上市公司及相关当事人之间的证券纠纷应当不存在障碍。我国的仲裁机构应当敢为人先,率先制定自己的证券仲裁规则,尽早将投资者与上市公司及相关当事人之间的证券纠纷纳入到仲裁范围。

On The Arbitrability of Security Disputes between Investors and Listed Companies

In security market the investors' interests are damaged because of illegal activities such as false states, handling stock price, inside trade, swindle customer. It is not merely still not complete and beset with difficulties to relieve through the administration of justice at present in our country, swift and convenient arbitration has not also functioned well in this respect. No matter the value and idea of the security arbitration, or foreign arbitration practice, or the legislative state of our country, the arbitration organ should not have obstacles while accepting the securities dispute between investor and the listed company and relevant parties. The arbitration organs of our country should make out security arbitration rules of our own, bring the security disputes between investors and listed companies and relevant parties into the arbitration range as soon as possible.