The Legal Aspects of Hearing the Complaints in the Commodity Exchange in Iranian Law (Procedural Issues)
Document Type : Original Article
Authors
1
Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2
Master of Science in Financial Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract
The Iran Mercantile Exchange (IME), as a self-regulatory organization within the capital market, has provided an effective platform for financial market participants. In response to the needs of these participants, the IME has developed a variety of specialized markets. Among them, the Physical Market serves as a key venue for the trading of diverse commodities. In financial transactions, disputes between parties are inevitable. While dispute resolution mechanisms such as conciliation committees and arbitration tribunals are well-established and familiar within the Iranian capital market legal framework, the process of handling objections within the Clearing House of the Iran Mercantile Exchange has received limited scholarly and regulatory attention—despite the considerable volume of objections and the high financial stakes involved. Although objections are addressed in accordance with the provisions set forth in the Clearing and Settlement Instructions, the relevant rules are highly limited in scope. Not only are substantive issues largely overlooked, but there are also no detailed procedural regulations governing how such objections should be reviewed. This article, based on a descriptive-analytical approach and utilizing both library and field research, examines the procedural aspects of objection handling within the Iran Mercantile Exchange. It analyzes the relevant legal and regulatory framework, identifies existing procedural and regulatory gaps, and proposes practical solutions aimed at enhancing the effectiveness and fairness of the current system.
Keywords
Resources
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Rules and regulations
Civil Law
Law of procedure of public courts and revolution in civil affairs
Securities market law of the Islamic Republic of Iran
Law of the Third Economic, Social and Cultural Development Program of the Islamic Republic of Iran
Law of the fourth program of economic, social and cultural development of the Islamic Republic of Iran
Law of the fifth five-year development plan of the Islamic Republic of Iran
The law of permanent laws of the country's development programs
directive for acceptance of commodities and commodity-based securities in the Iran Commodity Exchange
Commodity and commodity-based securities trading directive in Iran Commodity Exchange
directive for clearing and settlement of transactions of Iran Commodity Exchange
Executive directive for the export ring of the Iran Commodity Exchange
directive for the conciliation process in the subject centers of the Securities Market Law
directive for handling disputes in the arbitration board of the Securities Market Law of the Islamic Republic of Iran.
directive for registering and depositing tradable goods and securities and clearing and clearing transactions in the Energy Exchange
Regulations of transactions
Executive regulations of the admission board
Regulations on how to handle requests for goods acceptance
Regulations of the Board of Arbitration of the Metal Exchange
Executive directive for identifying and accepting customers in the Iran Commodity Exchange Company
Sites
https://cmr.seo.ir/
https://www.ime.co.ir/
https://www.irenex.ir/
https://www.csdiran.ir/
