Tag: securities regulator

Arbitration has often been compared to the traditional courts.  The major difference is that the parties are able to proceed in a much more deliberate matter.  The final motion is a motion in Limine. Motion in Limine A motion in limine is a request for the arbitrators to rule on the admissibility of evidence in…

Arbitration has often been compared to the traditional courts.  The major difference is that the parties are able to proceed in a much more deliberate matter.  Although arbitration is an informal process, a variety of matters may be subject to motion practice. Motion to Compel Discovery FINRA Rule 12509 provides that a party may make…

A FINRA Arbitration provides an opportunity to bar the defenses of the defendant based upon untimely or incomplete Answers. Motion to Bar Defenses Due to Untimely or Incomplete Answers FINRA Rule 12308 provides that the panel may, upon motion by a party, bar a party from presenting any defenses or facts at the hearing if…

A FINRA Arbitration provides several motions to dismiss.  The following are motions to dismiss before or after the case-in-chief. FINRA Rule 12504(a) Motions to Dismiss Before a Party Concludes its Case-in-Chief FINRA believes that parties have the right to a hearing in arbitration. Therefore, motions to dismiss filed prior to the conclusion of a party’s…

A FINRA Arbitration provides several motions to dismiss.  A motion to dismiss based on eligibility grounds is a request made to the panel by a party.  It is made prior to or after the conclusion of the case-in-chief.  It can eliminate some or all claims raised by the party filing a claim. FINRA Rule 12206(b)…

Examples of FINRA Arbitration motions that can be made regarding timing and location. The following motions can be made within a FINRA Arbitration.  These particular motions involve modifying the original claim.  The following concern the location of the hearing and its timing.  As an Arbitrator, I will be mindful that one of the goals of…

FINRA Arbitration motions: Sever, Consolidate, & Amend The following motions can be made within a FINRA Arbitration.  These particular motions involve modifying the original claim. Motion to Amend a Claim FINRA Rule 12309 provides that parties may amend their pleadings, including adjustments to their damage requests, up until the time FINRA staff appoints a panel.…

Examples of FINRA Arbitration motions Arbitration has often been compared to the traditional courts.  The major difference is that the parties are able to proceed in a much more deliberate matter.  Although arbitration is an informal process, a variety of matters may be subject to motion practice.  The following is a non-exhaustive list of common…

Discovery Sanctions within FINRA Arbitration Failure to comply with the discovery rules hinders the efficient and cost-effective resolution of disputes and undermines the integrity and fairness of FINRA’s forum. Parties sometimes attempt to use the discovery process to harass and burden their opponent. Arbitrators will take this into consideration when considering discovery issues. Arbitrators have…

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…