The Law of the Financial Markets Thursday, May 6, 2021
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 stock broker 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.
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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 in securities arbitrations. Mark J. Astarita, Esq. is a nationally recognized securities arbitration attorney, who has represented parties in over 500 securities […]
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. It seems that there are a wide variety of ideas on just how those proceedings take place, and there is […]
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 […]
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Featured Articles Introduction to Securities Arbitration – The ultimate primer on securities arbitration, authored by Mark J. Astarita, Esq., a New York securities attorney who has represented parties to securities arbitrations in virtually every major city for 20 years. An excellent introduction to the process. Featured Books Securities Regulation in a Nutshell – This […]
Bailey vs. Chase Securities, Inc., et al, 01-Civ-7222 (AGS), 2002 U.S. Dist. LEXIS 7788 (SDNY 5/1/02) Employment Discrimination * ADEA * SRO Rules (NASD Rule 10201) * Consolidation Issues (Bifurcation) * Arbitration Agreement (Form U-4) * Employment Agreement * Competing Agreements * Waiver * Prejudice to Party. The Form […]
