Electronic Discovery within FINRA Arbitration Although documents may be stored electronically, electronic files are still considered “documents” within the meaning of the FINRA Discovery Guide, and the arbitrators will decide any dispute that arises concerning the form in which a document will be produced. Despite the changes in the scope of discovery and the challenges… Continue reading Electronic Discovery within FINRA Arbitration
Confidentiality and Discovery within FINRA Arbitration Within a FINRA Arbitration, If a party objects to document production on grounds of privacy or confidentiality, arbitrators or one of the parties may suggest a stipulation between the parties that the documents in question will not be disclosed or used in any manner outside of the arbitration of… Continue reading Confidentiality and Discovery within FINRA Arbitration
To maximize the efficient administration of a case by the panel, FINRA schedules an Initial Prehearing Conference (IPHC). The IPHC will normally be held by telephone. FINRA will notify the parties and arbitrators of the date and time of the IPHC at least 20-days prior to the phone conference. At the conference, the panel will… Continue reading FINRA’s Initial Prehearing Conference
Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street. You conduct a mediation to settle a law suite. Nothing could be further from the truth. There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or… Continue reading Arbitration, then Mediation, a way to blend them both.
Challenging the Arbitrator: Challenge for Cause In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by… Continue reading Challenging the Arbitrator: Challenge for Cause
Challenging the Arbitrator: Motions to Recuse In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by… Continue reading Challenging the Arbitrator: Motions to Recuse
Role of the Arbitrator: duty to disclose Arbitrators must be impartial in both appearance and in fact. Therefore, they have a duty to disclose. Arbitrators submit detailed biographical information at the time they join FINRA’s arbitrator roster. The information collected from the application is compiled to create an Arbitrator Disclosure Report (Disclosure Report). During the… Continue reading The Role of the Arbitrator: Duty to Disclose
Ethical Obligations Regarding Information Security To provide security for participants, documents and information in an arbitration case file are confidential. Arbitrators have an ethical duty to keep confidential all information obtained in connection with an arbitration or mediation. Information that needs to be protected includes, but is not limited to: Social Security numbers; Individual taxpayer… Continue reading Ethical Obligations Regarding Information Security
I had to look up the plural of apocalypse. On Google one commentator questioned the need for the plural form. If apocalypse is defined as the end of the world, how could you have several ends of the world? Obviously this commentator has not been watching the news. History is littered with doomsdays that have… Continue reading Happy New Year – Again we’ve survived a bunch of apocalypses.
Ethical Reasons Not to Accept Appointment as an Arbitrator There are ethical reasons not to accept appointment as an Arbitrator It is important to know when to say no. If an arbitrator has any doubt about whether they can be fair or impartial, the arbitrator should decline the appointment. For example, an arbitrator should refuse… Continue reading Ethical Reasons Not to Accept Appointment as an Arbitrator