How Is Arbitration Begun?
To begin arbitration, the prospective claimant must do the following:
Statement of Claim
File
with the Director of Arbitration a typewritten or printed document
stating the claim. This document should set forth the details of the
dispute, including all relevant dates and names, in a clear, concise,
and chronological fashion and should conclude by indicating what relief
(e.g., money damages in a specific amount, performance of a particular
agreement, interest, etc.) is requested. The claimant should attach
copies of documents and supporting materials as exhibits to the
Statement of Claim. The claimant should provide sufficient copies for
each party, the arbitrators, and the self-regulatory organization.
Small-Claims Procedures
If
the amount of the claim is $10,000 or less, the claim will be processed
under the Simplified Arbitration Procedures. In public customer
disputes, unless the public customer requests a hearing, the claim will
be decided solely on the basis of reading the parties' submissions. The
arbitrator, however, also may request a hearing or require a party to
submit additional documentation. Parties may ask to submit additional
documents to an arbitrator who is deciding the case without a hearing.
Service of Pleadings
After
the initial Statement of Claim is served by the Director of
Arbitration, it is each party's responsibility to provide every other
party directly with any further pleadings, motions, or correspondence.
In addition, it is each party's responsibility to simultaneously
provide sufficient copies directly to the sponsoring SRO for the
arbitrators and its files. Service of the filings and correspondence on
the sponsoring SRO and the other parties should be made on the same
date and by the same means (i.e., via overnight mail, facsimile, etc.)
Counsel
State whether the claimant will be represented by an attorney and, if so, the attorney's name, address, and telephone number.
Location
State
where the claimant wants the case to be heard and the reasons for that
choice. The actual decision as to place of hearing is made by the
Director of Arbitration. Arbitrators can be empaneled in many of the
major urban areas throughout the country, but consideration generally
will be given to a number of factors, including the convenience of the
parties, the availability of necessary records or witnesses, and the
availability of qualified arbitrators. Generally, in public customer
cases, the hearing location is close to where the customer resided when
the dispute arose regardless of a predispute agreement to the contrary.
Complex Cases
In
appropriate cases, parties may request special services such as
mediation, findings of facts and conclusions of law, expedited
hearings, and the appointment of arbitrators with special
qualifications. Parties seeking special or additional services should
advise the sponsoring SRO at the earliest time possible. Additional
fees may be charged for these services. In many complex cases, the
parties may desire block scheduling of hearing dates. To the greatest
extent possible, such cases will be scheduled in three day blocks.
Arbitrators
The
proposed panel will be composed of a majority of persons from outside
the securities industry. If a public customer would like a panel
consisting of a majority of arbitrators from the securities industry,
he or she should indicate that preference in writing when filing the
claim.
Submission Agreement
Complete and
return three signed and notarized copies of the Submission Agreement
provided by the sponsoring organization. By signing the Submission
Agreement, the claimant agrees to submit the dispute to arbitration and
to abide by the decision (the "award") of the arbitrators. The claimant
also agrees to be bound by the decision of the arbitrators with regard
to any counterclaim (a claim against the claimant) permitted under
these procedures that may be brought by an opposing party. Once a
Submission Agreement has been signed, the procedures and timing set out
in the Uniform Code become operative and binding. Generally, parties
may not withdraw the Submission Agreement and Claim without the consent
of either the other parties or the arbitrators.
Filing Fees and Deposits
Include
a check or money order made payable to the sponsoring organization for
the appropriate non-refundable filing fee and hearing session deposit.
Where multiple hearing sessions are scheduled or conducted the
arbitrators are authorized to require additional hearing session
deposits by one or more parties. Additional deposits also may be
required to be made for prehearing conferences with an arbitrator and
for the postponement of a scheduled hearing date after the arbitrators
have been selected. The arbitrators will determine in the final award
if these deposits will be returned or assessed to another party. See
the arbitration rules of the sponsoring SRO for the definition of a
hearing session, as well as the appropriate fee and deposit.
Disclosure of Arbitration Award
At
some sponsoring organizations, public customers must state in writing
whether they either permit or decline to permit the inclusion of their
names in the public version of the award.
Incomplete Filing of a Claim
A filing may be returned if it does not comport with the rules.
The
Statement of Claim, with exhibits, Submission Agreement, and
non-refundable filing fee and hearing session deposit should be
submitted to the Director of Arbitration of the sponsoring organization
at the address listed at the end of this pamphlet. All pleadings,
correspondence, and exhibits after the claim is served must be sent to
all parties directly with sufficient additional copies sent to the
Director of Arbitration for the arbitrators and for the Arbitration
Department.