تسوية منازعات سوق الاوراق المالية عن طريق القضاء : دراسة مقارنة

الملخص EN

The Iraqi legislator has organized work in the stock market under the temporary law for stock markets, as well as the rules of procedure for the Iraq Stock Exchange.

However, defining the basic rules for working in the stock market is not sufficient on its own, but rather, workers in the stock market must be assured of the existence Fair means of settling disputes that may arise between them as a result of those transactions in the future, and those methods must also be consistent with the requirements of the nature of the market in terms of speed and impartiality, so the Iraqi legislator has set out several means to settle disputes that may occur in the stock market and among these Judicial means, the judiciary is the holder of the general mandate to settle disputes that may arise in the stock market as a result of breaching their contractual or legal obligations that they are supposed to know or deal with, but we find that comparative laws such as Kuwaiti and Egyptian have been taken by the specialized judiciary that deals with resolving market disputes Securities for what it requires of speed, unlike the Iraqi legislator, as it tried to keep pace with the development taking place in developed countries, but it was not successful in this aspect, in order to distinguish it in dealing Between the foreign and Iraqi investor in this field.

Therefore, we have presented many legal recommendations that will remove the confusion and ambiguity that afflicts some of the provisions of this law.