وسائل تسوية المنازعات في سوق الأوراق المالية : دراسة مقارنة

Abstract EN

time being, one of the most important types of investments and the most important funding source for States.

For the purpose of protecting investment and investors at the same time from the damage that may have been occurred as a result of speculation unlawful acts committed by speculators in the money market, the legislator has prohibited in most of the countries that organize this investment dealing with stock markets, only through the intermediary companies and they are joint stock companies called listed securities.

The perception is that disputes may rise between the client and this type of companies, so it was compulsory to find the effective legislative means to solve these problems and protect investment at the same time.

But the matter does not stop at this extent, as disputes financial markets are numerous and multifaceted.

Some disputes may raise between the direction of the capital market and the members of that market.

Other disputes may rise among the market members themselves or between them and dealers, rarely located disputes between some customers.

It is a rare case where disputes arise between clients because these are parties of a sale’s securities contract as a salesman and purchasers did not know each other, and all of them are known only as a mediator in the securities market.

On this basis, these conflicts are being settled amicably and directly, but may require here to resort to the judiciary to settle these disputes, and may be of such bodies is a committee in the securities market, from this point of view was the subject of research dealing with legislative means for the settlement of disputes in the securities market, whatever the form of dispute whatever its outskirts.

Legislative failure in some laws subject of the present comparative study in particular the Iraqi temporary law of securities markets number (74) of 2004, its executive regulation of the Board of Governors of the securities market for the year (2008), is a weak law framework of legislative drafting, regulatory and important.

While the other laws, especially the in the United Arab Emirates and Kuwait, the legislator have made many progress, especially with regard to the means of settlement of disputes and judicial procedures leading to achieve the desired objective is to protect and encourage investment in the securities market.