On December 28, 2012, the revised Securities Investment Fund Law of the People's Republic of China brought private funds under legal regulation. Over the past decade since this inclusion, the private fund industry has entered a period of rapid development. At the same time, problems have emerged with its growth, such as disguised public fundraising, promises of capital preservation and guaranteed returns, and breaches and violations of information disclosure requirements. As in other financial markets, addressing these problems requires not only continuous improvement of industry regulatory rules, but also comprehensive review by dispute resolution systems such as litigation and arbitration.
In November 2021, the Shenzhen Court of International Arbitration (SCIA) and the Shenzhen Stock Exchange implemented a comprehensive reform pilot and securities futures industry arbitration pilot tasks, jointly establishing the China (Shenzhen) Securities Arbitration Center, which is dedicated to providing world-class dispute resolution services for the capital market. To help industry professionals understand the adjudication points ofarbitration cases involving private fund contract disputes, the SCIA has systematically compiled and selected representative cases handled by it in recent years. On the premise of anonymizing the parties' information, the SCIA organized in-depth analyses by researchers.The publication of this case collection will assist parties in grasping the adjudication trends of arbitration cases involving private fund contract disputes. It aims to provide guidance for risk prevention and dispute resolution in the private fund industry under new circumstances, thereby promoting high-quality and sustainable development of the industry.
