What Happpens After the Claim is Filed?
Once the Statement of Claim has been received, the Director of
Arbitration will send it to the opposing party (the "respondent"). Any
member (e.g., brokerage houses) of an organization listed in the
Services Directory may be a party in an arbitration proceeding.
Similarly, an employee and/or representative of any such member also
may be named as a party.
Following the receipt of the claim, the respondent has 20 calendar days
in the case of a small-claim arbitration and 20 business days in all
other arbitrations to provide an answer, unless an extension of time
has been granted by the Director of Arbitration. It is within the
discretion of the Director of Arbitration to grant such extensions even
over the objection of a party. However, the Director of Arbitration
will consider the objection when determining the length of the
extension.
The respondent may assert a related counterclaim as part of its answer,
or may file a claim against a third party; that is, a claim against
another person who may bear responsibility for any of the alleged
damages. Generally, a claim is considered to be related if it pertains
to the customer's account at the broker/dealer. In support of its
defense or counterclaim, the respondent should attach copies of
documents and supporting materials to its answer.
The respondent also should send to each party an executed Submission
Agreement and a copy of the respondent's answer and any counterclaim.
The respondent's executed Submission Agreement and answer shall also be
filed with the Director of Arbitration, with additional copies for the
arbitrator(s) along with any deposit required under the Schedule of
Fees. On receipt of an answer containing a counterclaim, the claimant
has 10 calendar days in the case of a small-claim arbitration and 10
business days in all other arbitrations to file a reply to any
counterclaim. The claimant also should send to each party a copy of the
reply to a counterclaim. The reply also shall be filed with the
Director of Arbitration with additional copies for the arbitrators.
Service on a party may be effected by mail or other means of delivery.
Filing with the Director of Arbitration should be made on the same date
and by the same means as service on a party.