:: Volume 8, Issue 27 (9-2021) ::
qjal 2021, 8(27): 235-255 Back to browse issues page
Resolving professional disputes in Iran’s Securities and Exchange Market; Overcoming the Legal Compulsory to alternative methods
Hamidreza Nikbakht * , Mohammad Sadeghi
Abstract:   (1838 Views)
The Settlement of disputes in securities and exchange market of Iran is based on legal compulsory and follow two stage models. It means that obey both Conciliation Committees or Board of Associations and then, Arbitration Board of Securities and Exchange Organization. In this regard, the current system of dispute resolution in the stock market is not completely synchronized with the general principles governing the capital market. It is necessary that along with transparency and speed in securities transactions, settlement of disputes between market activists to be faster and fairer in terms of structure. This article with considering Conciliation Committees or Board in Associations of securities and exchange Market of Iran, civil procedure cod (Act), peace contract in civil law, and in line with updating commercial activities and also to give importance to private players’ will, emphasize that the arbitration, compromise and mediation concepts in Iran’s Securities and Exchange Market should be reviewed. In this regard, the shortages of current structure (Resolving professional disputes in Iran’s Securities and Exchange Market) to be determined and relation between methods and legal requirement to be clarified. In conclusion each of methods such as arbitration, mediation and Conciliation can be solved disputes. Utilizing aforesaid methods is more accordance with competitive structure of stock market and finally helps our country capital market to be consonant with international standards and principle while it is more suitable with Good Judicial Administration
Keywords: Professional Dispute, Arbitration, Mediation, Conciliation, Conciliation Committee, Arbitration Board of Securities and Exchange Organization, Securities Market, Good Judicial Administration.
     
Type of Study: Research | Subject: Special



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Volume 8, Issue 27 (9-2021) Back to browse issues page