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Simple English definitions for legal terms

Securities dispute resolution: Selecting arbitrators

Read a random definition: Exchange Act

A quick definition of Securities dispute resolution: Selecting arbitrators:

Arbitration is a way to resolve disputes between people or companies. The people who decide the outcome of the dispute are called arbitrators. There can be one or three arbitrators, depending on how much money is involved in the dispute. The arbitrators can be people who know about the securities industry or not. They are chosen from a list of potential arbitrators, and the parties involved in the dispute can strike out the ones they don't want. The arbitrators are paid by the organization that oversees the arbitration process, not by the parties involved in the dispute. If there is a conflict of interest, an arbitrator can be removed from the case.

A more thorough explanation:

When resolving securities disputes, an arbitration panel can consist of one or three arbitrators. The number of arbitrators depends on the amount in controversy. If the claim is $50,000 or less, the panel will have one arbitrator. If the claim is more than $50,000 but not more than $100,000, the panel will have one arbitrator unless the parties agree to three arbitrators in writing. If the claim is more than $100,000, unspecified, or non-monetary, the panel will have three arbitrators unless the parties agree to one arbitrator in writing.

  • If a dispute involves a claim of $30,000, the panel will have one arbitrator.
  • If a dispute involves a claim of $75,000, the panel will have one arbitrator unless the parties agree to three arbitrators in writing.
  • If a dispute involves a claim of $150,000, the panel will have three arbitrators unless the parties agree to one arbitrator in writing.

These examples illustrate how the amount in controversy determines the number of arbitrators on the panel.

FINRA has over 6,000 arbitrators who are classified as either public or non-public. Public arbitrators do not need to have securities industry knowledge, while non-public arbitrators typically have a background in securities. FINRA requires arbitrators to have at least five years of business or professional experience and at least two years of college-level education. Arbitrators come from diverse professions, including lawyers, doctors, accountants, securities professionals, and members of other industries. They are independent contractors and are not employees of FINRA. Arbitrators receive an honorarium from FINRA in recognition of their service and are not paid by the parties directly.

If a securities dispute involves complex financial products, the parties may want to select arbitrators with a background in securities to ensure they have the necessary expertise to understand and resolve the dispute.

After the respondent's answer is due, FINRA's Neutral List Selection System (NLSS) generates one or three lists of potential arbitrators depending on the panel size. FINRA distributes the list(s) and the arbitrators' background information to the parties for review. Each separately represented party may strike arbitrators it does not want within the limits set by the FINRA rules and rank the remaining choices. After the parties return their ranked lists, FINRA appoints the arbitrators for the panel.

If a securities dispute involves three arbitrators, FINRA will randomly generate one list with ten non-public arbitrators and two lists, each with ten public arbitrators, one of which lists is Chair-qualified. The parties can strike arbitrators they do not want and rank the remaining choices. FINRA will then appoint the arbitrators for the panel based on the parties' ranked lists.

Before the first hearing session, an arbitrator may be removed for conflict of interest. The parties have the opportunity to challenge the arbitrators appointed to the panel if they determine the arbitrator to be unsuitable due to special circumstances that might preclude the arbitrator from making an impartial and objective decision. Arbitrators have a continuing duty to disclose any circumstances that might preclude them from rendering an objective decision on the arbitration.

If an arbitrator has a financial interest in the outcome of the arbitration, they must disclose this information to the parties. If they fail to do so, they may be removed from the panel.

Securities dispute resolution: Response | Securities Exchange Act of 1934

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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