The Law of the Financial Markets from Top Securities Lawyers
Saturday, December 3, 2022
Securities arbitration refers to the alternative dispute resolution process to resolve claims between broker firms and their customers and employees. FINRA operates the largest arbitration forum in the United States for the resolution of these disputes.
While no one can be forced to give up their rights to a trial in court, virtually all agreements between investors and their stockbrokers include mandatory arbitration agreements, and every registered stockbroker is required to arbitrate their disputes with their customers and firms.
Our site has been providing information regarding securities arbitration since 1995, starting with Overview of the Securities Arbitration Process. We update the site on a regular basis and invite you to explore our commentary and links and to ask questions.
Prefer to talk by phone? Call Mark Astarita at 212-509-6544 with any questions regarding securities law, enforcement and arbitration.
Scheduling Order (PDF format 86 KB) The panel Chairperson has the responsibility to use the Scheduling Order to record the agreements reached during the Initial Prehearing Conference. The Chairperson should submit the Scheduling Order to NASD Dispute Resolution within 48 hours of the conference by electronic mail or facsimile transmission. […]
The arbitration department of the Financial Industry Regulatory Authority is the site for virtually all of the securities arbitrations that are conducted in the United States. Arbitrations are also conducted at private firms, such as the American Arbitration Association and JAMS. The ability to utilize the arbitration process is granted […]
You may need a court order to enforce an arbitrator’s award By Mark J. Astarita, Esq. Arbitration awards are not, by themselves, enforceable in a court of law. The prevailing party must have the award “confirmed” by a court. The procedure is relatively simple and is governed by state and […]
ABA and AAA Task Force Provide Working Draft of New Ethics Code This four-year effort by a joint task force of the American Bar Association and the American Arbitration Association has now produced a working draft that will cover both domestic and international arbitrations. According to an article on ADRWorld.com […]
Hiring a securities lawyer, whether you are an investor or a financial professional, is the most important decisions in recovering losses, or in defending against claims and investigations. However, the tag lines used by securities law firms in their advertising is not the way to go about finding a securities lawyer. […]
Since the virtual dawn of securities arbitration in the early 1980s, the attorneys at Sallah Astarita & Cox, LLC have provided nationwide representation to investors and financial professionals as their securities arbitration lawyer. Mark J. Astarita, Esq. is a nationally recognized securities arbitration attorney, who has represented parties in over […]
PLEASE NOTE: THE LAW IS AREA HAS CHANGED. WE PRESENT THIS ARTICLE FOR HISTORIC PURPOSES. RETAIN A SECURITIES ATTORNEY TO PROPERLY ADVISE YOU ON ELIGIBILITY ISSUES. Introduction While nearly every brokerage firm customer has an arbitration agreement with his brokerage firm to arbitrate his disputes, a significant issue of law […]
MISREPRESENTATION IS ONE OF THE MOST used and abused claims in securities arbitration. A form of a fraud claim, misrepresentation involves knowingly making false statements that a listener will rely and act upon. Obviously, this violates a broker’s professional obligation to deal fairly with customers and breaches a customer’s […]
Just What Happens at an Arbitration? By Mark J. Astarita, Esq. Past columns have touched on arbitration hearings, and have raised the question just what happens during an arbitration hearing. The following is an overview of the hearings themselves. Almost all securities arbitrations are held pursuant to FINRA rules. It […]
By Mark J. Astarita, Esq. Suitability is an often misunderstood concept in the law. To most, it means that that brokers are required to ensure that their customers invest only in securities that are “suitable” for them. This oversimplification worries many brokers who, armed with this definition, often lament that […]
