In order to ensure the smooth progress of trading, due to the high-risk nature of futures trading, futures companies have agreed with investors in futures brokerage contracts on various ways to place orders, including placing orders through the Internet (online trading), placing orders by telephone, and placing orders in writing. Among them, in the way of Internet publishing, futures companies also provide investors with a single backup channel according to the requirements of China Securities Regulatory Commission and China Futures Association. Therefore, when online trading fails, investors should choose the next backup channel provided by the futures company in time, and issue instructions by telephone, fax, writing, etc. to ensure the smooth trading.
Due to the failure of online trading, it will inevitably affect investors' transactions and easily lead to disputes between investors and futures companies. As the basis of ascertaining facts and distinguishing responsibilities, it is very important to collect and preserve evidence. There are many evidences related to online transaction failures, such as transaction records, general recall, communication between the two parties, software or system failure tips, system or fault state photos, etc. Investors should pay attention to collecting original evidence directly from the facts of the case and direct evidence that can directly prove the main facts of the case, and strive for the completeness and relevance of the evidence. Insufficient evidence or insufficient probative force often leads to the unreasonable demands of investors not being met. Investors can read articles and books about civil procedure law to learn more about civil evidence.
In addition, it should be noted that online transaction failures may be caused by software, hardware, communication lines or systems. In addition, the trading software of futures companies is mostly provided by third-party software companies. When online transaction failures occur, it is often difficult to find out the reasons accurately and timely, clarify the disputed facts and distinguish the responsibilities. Therefore, when signing a futures brokerage contract, investors should listen carefully or learn about the risks of online trading from futures companies, master the handling methods of online trading failures, and truly understand and judge the exemption clauses of futures companies in this respect. Before starting online trading, you should also know the functional characteristics of the software in detail and conduct simulated trading exercises. After the online transaction fails, in a pragmatic manner, fully communicate with the futures company, try to reconcile or mediate, and reach a mutually acceptable solution. If no settlement or mediation agreement can be reached, the dispute can be settled through arbitration or litigation.
Generally speaking, it is far more important to do preventive work in advance than to prove the claim afterwards. Investors should be prepared, try to avoid the failure of online transactions, make emergency preparations, and nip in the bud.