Background and purpose: In dealing with stock exchange disputes, the issue of the controllability of the votes issued by the arbitration board is a key issue in the realization of judicial justice due to the wide impact on the public rights of investors. The current research is trying to investigate the possibility of overturning the decisions of the stock exchange and securities arbitration board by the courts of justice in the light of the principles of jurisprudence.
Materials and Methods: The method of this article is analytical and descriptive and the research tool is library.
Ethical Considerations: In the writing of this article, documentary references and trustworthiness are the basis.
Findings: Although in the securities law, there was no mention of investigation or objection to these votes, and the issued votes were declared final due to the impossibility of re-examination in the stock exchange organization, and the validity of the votes was determined according to the philosophy of speed. The investigation and enforcement of the rights of the activists has been stated, but all these cases cannot be a reason for not monitoring the issued votes. According to the explicit text of the law of the stock market, the title of this committee has been called arbitration on purpose, and it has assigned only the handling of disputes and not lawsuits to this committee, and it has not stated the rules or procedures for dealing with disputes, and the rules of handling the rules Civil proceedings are sufficient for that, and two of its three members have been appointed by non-judicial persons and it has not ruled on any superiority between the votes of its members.
Conclusion: According to the recent decision of the General Board of the Administrative Court of Justice, the issuance of a decision to the majority of non-judicial members is correct and in accordance with the law, it is concluded that the legal nature of this board is nothing but the civil arbitration mentioned in the Civil Procedure Law. As a result, all rulings issued by this board can be annulled like the decisions issued by the civil arbitration, and filing a petition to annul the decisions issued by the arbitration board in public courts is the same way of monitoring the lawmaker.