Tag: securities
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Examples of FINRA Arbitration motions
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…
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Discovery Sanctions within FINRA Arbitration
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…
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Electronic Discovery within FINRA Arbitration
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…
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Confidentiality and 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…
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FINRA’s Initial Prehearing Conference
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…
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Challenging the Arbitrator: Challenge for Cause
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…
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Challenging the Arbitrator: Motions to Recuse
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…
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The Role of the Arbitrator: Duty to Disclose
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…
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Ethical Obligations Regarding Information Security
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…
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Happy New Year – Again we’ve survived a bunch of apocalypses.
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…