Enforced Arbitration Review of Securities Market Disputes with a Look at Arbitration Boards (Analysis of Article 36 of the Islamic Republic of Iran Securities Market Act, 2005) And a draft law on promoting the country's capital market system

Abstract

The legislator of our country, under Article 36 of the Securities Market Act of 2005, has put the jurisdiction of the arbitration committee to deal with disputes between capital market actors if they fail to reach agreement in the relevant committees Which, pursuant to Article 37 of the same three-member law, which one member was elected by the President of the Judiciary and two other upon the recommendation of the Organization and approved by the Council, was not based on the consent of the parties, contrary to common law and common law. This is mandatory jurisdiction. Therefore, the parties do not have the right to agree to the contrary and to file a lawsuit with the judicial authorities and, if so, the requested authority will be disqualified. These disputes, which are subject to the mandatory jurisdiction of the arbitral tribunal, merely involve civil litigation (not disciplinary offenses) and Apart from Article 36 of the Market Law, which expresses the core competence of the Arbitration Panel, the provisions of the 43 recent laws and the 15 instruments of law development are also worth noting. In spite of the legislator's silence on the rules governing the formulation and adjudication of a stock exchange arbitration panel, compliance with the general rules of civil procedure is recommended On the basis of which the Board has examined and issued the order That, notwithstanding Note 5 of Article 37 of the Market Code, definitive and enforceable and enforced by the enforcement and enforcement of court rulings.

Keywords

• arbitration board
• securities market
• mandatory jurisdiction
• conciliation committee
• civil disputes