Resolution of Cross-border Securities Disputes under the Scheme of Shanghai-Hong Kong Stock Connect: An Exploration on the Applicable Law

The Shanghai-Hong Kong Stock Connect has been in operation for more than a year. It is predictable that with the implementation of this scheme, cross-border securities disputes between the Mainland and Hong Kong will be on the rise. In resolving these disputes, one of the most important problems is the determination of substantive law that should apply to them. This paper makes feasible proposals to harmonize the choice of law rules regarding cross-border securities disputes under the Shanghai-Hong Kong Stock Connect with due reference made to the approaches adopted by the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary and the Uniform Commercial Code of the US.