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Judicial Bodies

Sanction Commission

The Sanction Commission can impose sanctions on natural and legal persons who/which are subject to the Rule Book of SIX Swiss Exchange, respectively Scoach Switzerland, the Listing Rules and the Additional Rules. It is composed of between five and eleven members. The Chairman of the Sanction Commission and half of its members are elected by the Regulatory Board, with the remaining members appointed by the Board of Directors of SIX Group Ltd.

The Sanction Commission rules on appeals against sanction decisions made by the investigative bodies. It may refer the matter back to the responsible investigative body for regular sanction proceedings, or instruct that body to examine the matter further.

Decisions on the suspension and exclusion of participants and traders, as well as on the suspension of trading and delisting, may be referred to the Appeals Board. Appeals against other decisions may be taken directly to the Board of Arbitration.

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Members of the Sanction Commission

The Sanction Commission's actions are governed by the Rules of Procedure.

Independent Appeals Board

The Stock Exchange Act[pdf] (Art. 9 SESTA) requires the establishment of an independent appeals board to handle appeals against decisions on the admission, suspension and exclusion of participants, as well as appeals against the admission and suspension of traders and the revocation of trader registration. The Appeals Board also rules on appeals against decisions concerning listing, the suspension of trading, and delisting.

Should its appeal be rejected, the appellant may then take the matter to the Board of Arbitration.

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Members of the Appeals Board

The composition and actions of the Appeals Board are governed by the Appeals Board Rules.

Board of Arbitration

The legal regulations governing listing, as well as the Rule Book of SIX Swiss Exchange and of Scoach Switzerland, provide for a multi-tiered appeals procedure. For example, an appeal against

or

  • a dispute between participants and the SIX Swiss Exchange,
  • a dispute between participants,
  • an imposed contractual penalty

is lodged initially with the Appeals Board or the Sanction Commission. Once a decision has been made by the lower-level body, a complaint may ultimately be taken to the SIX Swiss Exchange Board of Arbitration. The latter's decision is final and conclusive.

The Board of Arbitration is based in Zurich and comprises one chairman and two arbitrators, one appointed by each of the parties in the individual case in question. The chairman and his deputy are appointed by the President of the Swiss Federal Supreme Board for a four-year term of office.

The chairman may conduct verbal conciliation proceedings. The intercantonal concordat on arbitral jurisdiction applies in all other respects.