32. Jurisdiction of the Financial Markets Tribunal

Past version: effective up to 13/09/2008
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(1) The Financial Markets Tribunal has jurisdiction to hear and determine proceedings which:
(a) are commenced under Article 33 and relate to an alleged breach of any provision of the Law or of the Rules or of any other legislation administered by the DFSA; or
(b) relate to such other matters as may be prescribed in the Rules or provided for under any other law.
(2) Subject to the Law and the Rules, the Financial Markets Tribunal may make rules of procedure governing the commencement, hearing and determination of proceedings, including as to:
(a) the rules as to evidence;
(b) the manner in which the powers under Article 34 may be exercised; and
(c) the manner in which conflicts of interest of members of the Financial Markets Tribunal constituted under Article 34 may be prevented.
(3) Proceedings and decisions of the Financial Markets Tribunal shall be heard and given in public unless:
(a) the Financial Markets Tribunal hearing a matter orders otherwise; or
(b) the rules of procedure of the Financial Markets Tribunal provide otherwise.
(4) Proceedings before the Financial Markets Tribunal shall be determined on a balance of probabilities.
(5) An appeal from a determination of the Financial Markets Tribunal may be made to the Court.