Legal Regulation of Arbitration Procedures in Securities Disputes at Amman Stock Exchange: Analytical Study

Abstract

This study addressed the legal provisions governing the arbitration procedures in the securities disputes at Amman Stock Exchange. It identified the legal procedures for activating the dispute by one of the parties to the dispute, the procedures for forming the arbitration tribunal, consideration of the arbitration case by this tribunal, and then issuing the ruling in the arbitration case. This study adopted a descriptive analytical approach to achieve its objectives. The study concludes that the Jordanian legal system has dealt with disputes arising from the trading of securities in the Amman Stock Exchange in  acceptable manner, However, it would be preferable to amend paragraph A of Article 18 of “Instructions of Dispute Resolution through Arbitration at Amman Stock Exchange for the year 2018” concerning the manner of decision-making in the event that the arbitration tribunal does not reach a decision unanimously or by majority, where these instructions state that the president of Arbitration Tribunal shall solely issue the award. While it would have been better if it had provided for the formation of a new arbitration tribunal.

Keywords: Arbitration Procedures, Securities Disputes, Amman Stock Exchange, arbitration Tribunal, arbitral case.

DOI: 10.7176/JLPG/85-18

Publication date:May 31^st 2019