Arbitration

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.

Arbitration

NYSE Arbitration Award Summaries, May 2002

A summary of the 18 awards issued in May NYSE AWARDS, 5/02: Among the customer-initiated matters that concluded at the New York Stock Exchange in May were 10 ML Media-related Awards, a stipulated Award granting expungement, one small claims arbitration, and 7 others. The seven Customer-Member claims split 3-4 in […]

Arbitration Case Law Investors

Qualified Immunity for NASD

Federal Court Finds Immunity for NASD Staff and State Investigators Tretiak v. Del Papa, No. 00-17248, 2001 U.S. App. LEXIS 24738 (9th Cir., 11/13/01). Enforcement Practice/Procedure – Privileges & Immunities (Absolute Immunity; Qualified Immunity) – Representation Issues – Timeliness Issues (Statutes of Limitations). Regulators have qualified immunity against claims based […]

Arbitration

NASD Arbitration Statistics 10/20 –

Filings Up 38% over 2000, Open vs. Closed Gap Widens NASD STATS, 10/02: The number of new arbitration filings has exceeded the average number of filings for 2001 in every month of 2002 and the monthly figure for October 2002 represents the largest gain this year. There were 715 new […]

Arbitration

March 2002 NASD Arbitration Statistics

Filings Up Again NASD STATS, 2/02 The formal tally for the first two months of 2002 indicates that NASD-DR recorded 20% more cases submitted for arbitration than for the same period last year. The 14% statistic that we reported last week in SAA 02-11 applies to the number of cases […]

Arbitration Case Law

Manifest Disregard of the Law Again

Failure to Provide Citations in Award Explanation Is Not Evidence of Manifest Disregard of the Law BUNZL DISTRIBUTION v. DEWBERRY, No. 00-2325 (8th Cir., 6/11/01): Claims of manifest disregard, based upon an alleged failure to apply applicable law, will not be presumed by an omission to cite the law. The […]