FINRA Arbitration Rules

26.2 FINRA Arbitration Rules

The Financial Industry Regulatory Authority (FINRA) provides a structured arbitration process to resolve disputes within the securities industry. Understanding the FINRA Arbitration Rules is crucial for anyone preparing for the Series 7 Exam, as these rules govern how disputes between investors, brokers, and brokerage firms are handled. This section will provide a comprehensive overview of the FINRA Arbitration Rules, detailing the roles of parties involved, the arbitration process, and the regulatory framework that supports it.

Overview of FINRA Arbitration

Arbitration is a form of alternative dispute resolution (ADR) used extensively in the securities industry. It offers a faster, less formal, and often less expensive means of resolving disputes compared to traditional court proceedings. FINRA’s arbitration process is designed to handle disputes involving:

• Customer complaints against brokers or brokerage firms
• Employment disputes within brokerage firms
• Intra-industry disputes

Arbitration is binding, meaning the decision of the arbitrator(s) is final and enforceable in a court of law.

Key Rules Governing Arbitration Proceedings

FINRA’s arbitration proceedings are governed by a set of comprehensive rules designed to ensure fairness and efficiency. These rules are encapsulated in the FINRA Code of Arbitration Procedure, which is divided into two main parts:

1. Customer Code (Rule 12000 Series): Governs disputes between customers and brokerage firms or associated persons.
2. Industry Code (Rule 13000 Series): Applies to disputes between or among members and associated persons.

Initiating Arbitration

The arbitration process begins when a claimant files a Statement of Claim with FINRA. This document outlines the nature of the dispute, the parties involved, and the relief sought. Key steps include:

• Filing the Claim: The claimant must submit a Statement of Claim, along with the required filing fee, to FINRA.
• Serving the Respondent: FINRA serves the Statement of Claim on the respondent, who then has 45 days to file an Answer.

Selecting Arbitrators

Arbitrators play a critical role in the arbitration process. They are neutral third parties selected to hear the case and render a decision. The selection process involves:

• Arbitrator Pools: FINRA maintains a roster of qualified arbitrators, including both public and non-public arbitrators.
• Arbitrator Selection: Parties receive a list of potential arbitrators and have the opportunity to strike certain names and rank their preferences.
• Panel Composition: For claims over $100,000, a panel typically consists of three arbitrators, while smaller claims may be heard by a single arbitrator.

Pre-Hearing Procedures

Before the hearing, parties engage in several pre-hearing activities to prepare the case:

• Discovery: Parties exchange relevant documents and information. FINRA’s Discovery Guide provides guidelines on what must be disclosed.
• Motions: Parties may file motions to resolve preliminary issues, such as motions to dismiss or motions to compel discovery.

The Hearing Process

The arbitration hearing is akin to a trial but is less formal. Key aspects include:

• Opening Statements: Each party presents an overview of their case.
• Presentation of Evidence: Parties present evidence and call witnesses. Cross-examination is allowed.
• Closing Arguments: Parties summarize their positions and request specific relief.

The Award

After the hearing, the arbitrators deliberate and issue an award. The award includes:

• Decision: The arbitrators’ decision on the merits of the case.
• Damages: Any monetary damages awarded to the claimant.
• Fees: Allocation of arbitration fees and costs.

Roles of Parties, Arbitrators, and FINRA Staff

Understanding the roles of the various participants in the arbitration process is crucial for navigating the system effectively.

Parties

• Claimant: The party initiating the arbitration, typically an investor or employee.
• Respondent: The party against whom the claim is filed, often a broker or brokerage firm.

Arbitrators

• Public Arbitrators: Individuals with no significant ties to the securities industry, providing an unbiased perspective.
• Non-Public Arbitrators: Individuals with industry experience, offering expertise on complex securities issues.

FINRA Staff

• Case Administrators: FINRA staff members who manage the administrative aspects of the arbitration, including scheduling and communication.
• Mediators: While not directly involved in arbitration, FINRA mediators may facilitate settlement discussions if parties choose to mediate before or during arbitration.

Practical Examples and Scenarios

To illustrate the application of FINRA Arbitration Rules, consider the following scenarios:

Example 1: Customer Dispute

A customer files a claim against their brokerage firm, alleging unsuitable investment recommendations that led to significant financial losses. The customer seeks damages to recover their losses. The arbitration process involves:

• Filing the claim and serving the respondent
• Selecting a panel of arbitrators
• Engaging in discovery to exchange relevant documents
• Presenting evidence and witness testimony at the hearing
• Receiving an award that may include compensation for losses

Example 2: Employment Dispute

An employee of a brokerage firm files a claim for wrongful termination, alleging discrimination. The arbitration process includes:

• Filing a Statement of Claim with detailed allegations
• Respondent filing an Answer with defenses
• Both parties selecting arbitrators from FINRA’s roster
• Conducting a hearing where both sides present evidence
• Arbitrators issuing an award, potentially including damages for lost wages

Compliance Considerations and Best Practices

For those preparing for the Series 7 Exam, understanding compliance considerations and best practices in arbitration is essential:

• Timely Filing: Ensure claims and responses are filed within the required timeframes.
• Adequate Preparation: Gather all relevant documents and evidence well in advance of the hearing.
• Effective Communication: Maintain clear and respectful communication with all parties and FINRA staff.

Common Pitfalls and Challenges

Navigating the arbitration process can be challenging. Common pitfalls include:

• Incomplete Discovery: Failing to provide or request all necessary documents can weaken a case.
• Inadequate Arbitrator Selection: Not carefully reviewing arbitrator backgrounds can lead to unfavorable panel compositions.
• Poor Presentation: Ineffective presentation of evidence and arguments can impact the outcome.

Strategies for Success

To succeed in arbitration, consider the following strategies:

• Thorough Preparation: Invest time in preparing a comprehensive case, including detailed documentation and witness preparation.
• Strategic Arbitrator Selection: Carefully review arbitrator profiles and make informed selections based on case specifics.
• Clear and Concise Presentation: Focus on presenting a clear, well-organized case during the hearing.

Conclusion

Mastering the FINRA Arbitration Rules is crucial for anyone pursuing a career in the securities industry. By understanding the arbitration process, the roles of participants, and the regulatory framework, you will be better equipped to navigate disputes effectively. This knowledge not only prepares you for the Series 7 Exam but also enhances your professional capabilities in handling real-world scenarios.

Series 7 Exam Practice Questions: FINRA Arbitration Rules

By understanding these key aspects of FINRA Arbitration Rules, you can better prepare for the Series 7 Exam and enhance your ability to navigate the securities industry’s dispute resolution processes.

In this section

• Filing Claims in FINRA Arbitration: A Comprehensive Guide
  Master the process of filing claims in FINRA arbitration with our detailed guide. Learn about the requirements for submitting a Statement of Claim, associated fees, time limits, and serving the respondent. Gain insights into drafting effective claims to ensure a successful arbitration process.
• Arbitrator Selection Process in FINRA Arbitration
  Explore the comprehensive process of selecting arbitrators in FINRA arbitration, including the roles of public and non-public arbitrators, panel composition, and strategic tips for ranking and striking arbitrators.
• Hearing Procedures in FINRA Arbitration
  Explore the comprehensive guide to hearing procedures in FINRA arbitration, including conduct of hearings, presentation of evidence, witness testimony, rules of evidence, confidentiality, and hearing schedules.