Not just for lawyers, the Securities Law Home Page has information for every participant in the financial markets, including attorneys, paralegals, investors, entreprenuers, finders and others regarding the law of the financial markets and investments, including arbitration, NASD, NYSE and SEC rules and regulations, including those regarding churning, over trading, suitability, fraud, misprepresentation, and markups as well as corporate finance, IPOs, direct public offerings, securities law, securities regulation, commodities and related topics. Sponsored by Mark Astarita, Esq., a New York City securities attorney.
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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]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives Arbitrators are not in manifest disregard of the law, where a question of fact exists that the Panel might have resolved in a number of ways First of Michigan Corp. v. Mansour, No. 228521 […]
The California Assembly has passed a comprehensive legislative package that will overhaul the arbitration process, and maybe ruin it. Reinforcing the ethical standards that have been developed by the California Judicial Council (SAA 02-17) for full implementation on July 1, the California Assembly has passed in recent weeks a comprehensive […]
Luong vs. Circuit City Stores For Purposes of Determining Diversity Jurisdiction in Vacature Action, the Dollar Threshold Is the Amount of the Award, not the Amount Claimed in the Underlying Controversy LUONG v. CIRCUIT CITY STORES, INC., No. 02-56522 (9th Cir., 1/30/04). May a federal court hear a vacatur […]
]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives Poweragent, Inc. vs. Electronic Data Systems Corp. Objections to jurisdiction may be generally decided by the courts, but once the arbitrators rule, the authority cannot be challenged. POWERAGENT, INC. v. ELECTRONIC DATA SYSTEMS CORP., […]
GAO Report on Employment Arbitration Released Improvements found, recommendations made Congress watchdog, the U.S. General Accounting Office, recently issued a report on employment disputes in securities arbitration, which provides important statistics on arbitration outcomes and valuable information about the SEC oversight process and arbitrator qualifications and training. The Report, […]
]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives Firm Ordered to Arbitrate With Independent Contractor Clients Broker-dealer required to arbitrate in connection with dispute between associated person and his customer when the dispute arises from business of broker-dealer MONY Securities v. Bornstein, […]
]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives Court Affirms Arbitrator Authority to Dismiss Claims Prior to Hearing Reed vs. Mutual Service Corp – California – 2003 Reed v. Mutual Service Corp., 2003 Cal. App. LEXIS 395 (Cal. App., 2Dist., 2/21/03). Award […]
To Compel Arbitration, Must Prove Knowing Acceptance of the Agreement This time, merely proving that the agreement was signed was not enough. Braga v. VMR Capital Markets, No. B144584 (Cal. App., 2Dist., 2/13/02). Arbitration Agreement * Contractual Issues (Mutual Assent) * Waiver * State Law, Applicability of * FAA […]
Arbitration Panel Orders Return of Settlement Payment, and Awards Nothing. WEINBERG v. BEAR STEARNS & CO., INC., NYSE ID #2000-008216 (Los Angeles, 10/18/00): Recently confirmed, this Award presents an unusual outcome in a “two-bites-of-the-apple” scenario. According to the “Case Summary” section of the Award, Israel and Molly Weinberg entered into […]