Arbitration starts with the investor’s statement of claim, a description of what happened. If the investor tries to represent himself or herself, the statement of claim should be written in the stockholders own words. The financier should tell the tale clearly, concisely, exactly, honestly, absolutely, and in adequate detail so that somebody reading it'll understand what happened, what financial damages the investor is seeking and why he feel that they have entitlement to receive a good decision. Remember the respondentsâ€”that is, the broker or firm with whom the investor has a disputeâ€”will use the statement of claim to prepare their case against the financier.
The submission agreement is the document that shows you have currently selected arbitration as your method of resolving a disagreement. The arbitration process cannot begin without it. The Submission Agreement is also the backers agreement to be bound by the decision of the arbitrators. FINRA charges a filing fee for handling the settlement. Some of the filing charge is non-refundable. The investor should check with FINRA or the Code of Arbitration Procedure for current charges before the claim is submitted.
The claim is then served on the respondent, who is given time to provide an answer. After the respondent is served, both parties are then answerable for providingâ€”or servingâ€”copies of all the other documents, pleadings, correspondence, etc, directly to the other parties and for providing additional copies of any documents to FINRA arbitration for its record and for the arbitrators. Keep under consideration that the respondent might also file a claim against a third party, or may file a counter claim against the financier.
How are the parties informed of the arbitrators call?
When the arbitrators have reached their decision and have signed an award, copies will be sent to the parties by the SRO. The award shall be in writing and signed by an overall majority of the arbitrators. The award may be entered by the existing party as a judgment in any court of competent jurisdiction.
Arbitrators shall endeavor to render an award inside 30 working days from the date the record is closed. The Director shall endeavor to serve a copy of the award: (i) by facsimile or other electronic means; or (ii) by registered or licensed mail on all parties, or their counsel; or (iii) by personally serving the award on the parties; or (iv) by filing or delivering the award as permitted by law. Always consult the guidelines of the sponsoring organisations.
The award will contain the names of the parties, the names of counsel , if any, the dates the claim was filed and the award was rendered, the number and dates of the hearing sessions, the positioning of the hearings, a summary of the problems including the type (s) of any security or product in controversy, the damages and other relief requested, the damages and other relief awarded, a statement of another issues resolved, the names of the arbitrators, and the signatures of the arbitrators concurring in the award.
This text portrays the FINRA arbitration and securities arbitration commencement and posted by Gregg Bishop.