The Analysis of the Arbitration Board of Securities Exchange Organization in the Light of the Principles of Fair Trial

Abstract

fair trial is one of the most basic human rights that has been spoken about in international documents. In all countries, domestic systems also lay down principles and regulations for a fair trial, which Iran is no exception to. Arbitration has always been a concern for resolving disputes and has always enjoyed special benefits in various legal systems. The area of studied in this paper is the arbitration panel for resolving the dispute between the stock market and has been formed to investigate the differences between traders in this market, which is in the process of investigating violations and disputes arising from the mechanism and procedures of a particular hearing. Although the hearing in this panel is based on the fairness of the administration of justice, it is different because of the particular nature of the issues being dealt with in some cases. This research using a descriptive-analytical approach, seek to answer this question: What are positions the principles of fair trial in the arbitration board of the stock exchange? The research results indicate that in these boards, there is essentially no precise and comprehensive procedure in this regard. Thus, the fair trial principles are not fully respected and just some of the principles that these boards are referring to. Thirdly; Some principles, such as the right to appeal, have serious limitations on the relevant documents.

Keywords

• securities exchange organization
• arbitration board
• fair trial
• arbitration