FINRA filed a proposal with the SEC on October 25, 2010 that would change
the rules in regards to investors filing arbitrations against brokers
or brokerage firms in FINRA’s Dispute Resolution forum.
These new rules, which were just approved by the SEC, allow investors
the option of selecting an all public arbitrator panel. Previously, the
FINRA Code of Arbitration Procedure for Customer Disputes required an
industry-affiliated arbitrator in all claims exceeding $100,000 or more
in damages—sometimes referred to as “three-arbitrator panel
Industry experts theorize that the fast-track approval of these new arbitration
rules, which were accomplished in only three months, reflects pressures
generated in part by the SICA Fairness Study. The mandate issued by the
Dodd-Frank Act required the SEC to conduct a review of securities arbitration.
Results from this study indicate that most investors perceived FINRA arbitrators
to be biased.
The use of pre-dispute arbitration clauses in customer agreements has
become relatively standard practice for most broker-dealers. Due to this
fact, FINRA could no longer justify insistence on an industry-affiliated
arbitrator on all disputes for claims exceeding $100,000.
Meyer Wilson represents clients who have been harmed by investment fraud.
For more information, contact Meyer Wilson by calling toll free or filling out our