The issue of whether arbitrators should be permitted to award punitive damages in arbitration has been a hot issue in securities arbitration since the dawn of securities arbitration. In some states most notably New York, where the vast majority of arbitrations are held — the law always prohibited arbitrators from […]
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 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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NASD Gets Tough On Discovery
NASD Gets Tough on Discovery A warning to firms and customers. Discovery issues have always been a hot topic in all litigation matters, and arbitration is no different. Parties continually complain that the other side is not producing documents, and while the dispute is often caused by an unreasonable demand, […]
Fight Back Revisited
A recurring problem in civil litigation is the filing of claims by plaintiffs which lack merit, or are which are filed for purposes other than to address a grievance or a wrong. The problem is particularly acute in the securities arbitration arena, where in addition to the cost, expense and […]
Fighting Back
A recurring problem in civil litigation is the filing of claims by plaintiffs which lack merit, or are which are filed for purposes other than to address a grievance or a wrong. The problem is particularly acute in the securities arbitration arena, where in addition to the cost, expense and […]
$1 Arbitration Award plus punitive damages amended. SECLaw.com
After remand from court, arbitrators correct their award to comply with the applicable statutes. ALLISON v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., NASD ID No. 01-05877 (Tampa, 2/26/04). The Arbitrators issued an amended Award in this case, because the first time, when they tried to give the Claimant $1.00 […]
Securities Arbitration
Guide To Securities Arbitration When you finish reviewing the sites of “consultants” who want to help you sue your broker, visit the real securities law site – The Securities Law Home Page. Written, maintained and supervised by a Wall Street securities attorney, you will get straight information on the law […]
Rogue Customers
Customers who abuse the system, and harm their brokers. By Mark J. Astarita, Esq. These days, it seems that every major publication, and every television news show, has done, or is doing, a story on “rogue brokers” – brokers who care nothing about their customers, or their firms, or the […]
Arbitrator Refusal to Hear Evidence
Refusal to Hear Evidence is Misconduct Only if Prejudice to Fair Hearing Results Woodley vs. Auerbach, Pollack & Richardson, Inc., Case NO 01-8489-CIV (SD Fla. 11-14/01) Woodley v. Auerbach, Pollak & Richardson, Inc., Case No. 01-8489-CIV-Middlebrooks (S.D. Fla., 11/14/01): An Arbitrator’s refusal to hear “pertinent and material” evidence constitutes misconduct […]
Arbitrator Disclosure Report Released
]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives Arbitrator Disclosure Report Released SEC Commissioned Independent Study Recommends Against Use of California Disclosure Rules PERINO REPORT RELEASED BY SEC: The November 13, 2002 SEC News Digest summarizes the findings and recommendations of a […]
Hearing Hearing
By Mark Astarita, Esq. Past columns have touched on the arbitration hearing itself 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 a substantial misconception regarding the […]
