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NEWS
The Financial Industry Regulatory Authority (FINRA) has published its arbitration statistics covering data up to September 2024. The report reveals a total of 1,909 new disputes filed and 2,442 cases closed.
NEWS
The Financial Industry Regulatory Authority (FINRA) has published statistics on Dispute Resolution cases. Among others, it covers virtual arbitration hearings, arbitration throughout August and those for cases filed and closed.
NEWS
The Financial Industry Regulatory Authority (FINRA) has released its latest arbitration and mediation statistics through October 2024. The data reveals a 27% decrease in new case filings compared to 2023, with 2,147 cases filed (65% customer cases, 35% intra-industry). FINRA reports improved efficiency, with 2,639 cases closed and an overall turnaround time reduced to 12.3 months. Customer claimants were awarded damages in 25% of cases decided. Notably, customer claimant success rates varied by hearing type, with 30% awarded damages in regular hearings, 45% in Zoom hearings, and 40% in in-person hearings. Mediation continues to be effective, with 87% of cases settled. These figures suggest a shift in dispute resolution dynamics within the financial industry, potentially reflecting changes in market conditions or regulatory practices.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulation Authority (FINRA) has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties For more information on FINRA, see Practice Note: FINRA—background, structure and purpose under the Customer Code and the Industry Code. FINRA’s powers FINRA’s powers are not limited or precluded by the submission of disputes (investor and industry) to FINRA arbitration. The rights, actions and determinations that it would otherwise be authorised to adopt, administer or enforce are protected by the Customer Code, Pt I, r 12104 and the Industry Code, Pt I, r 13104. Denial of forum FINRA has the power to deny
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulation Authority (FINRA) has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties For more information on FINRA, see Practice Note: FINRA—background, structure and purpose under the Customer Code and the Industry Code. The process for initiating and responding to investor claims is set out at Part III of the Customer Code and the Industry Code. This note covers both Codes. For information on the statement of claim itself, see Practice Notes: FINRA—commencing an arbitration under the Customer Code [Archived] and FINRA—commencing an arbitration under the Industry Code [Archived]. Answer to the statement of claim The
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulatory Authority (FINRA) is an independent regulatory body overseeing the US securities industry. As part of its role, FINRA operates the largest dispute resolution body in the securities industry. It works to resolve monetary and business disputes between investors, brokerage firms and individual brokers, as well as disputes between and among brokerage firms and individual brokers. The disputes are dealt with using FINRA’s own arbitration procedure. FINRA has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties Investor disputes Under the Customer Code, it is mandatory to use FINRA arbitration proceedings in certain circumstances. The Customer Code,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Customer Code The Finance Industry Regulatory Authority (FINRA) has two Codes of Arbitration Procedure. One of them is the Code of Arbitration Procedure for Customer Disputes (the Customer Code), which governs arbitrations between investors and industry parties. For information on commencing arbitration under the other code, the Code of Arbitration Procedure for Industry Disputes (the Industry Code), see Practice Note: FINRA—commencing an arbitration under the Industry Code. Starting an arbitration Where an investor dispute arises, FINRA arbitration proceedings will be mandatory in certain circumstances. In other cases, the parties may choose to arbitrate a dispute under the Customer Code. In all cases, claims must be filed within six years of the events giving rise to the dispute (the Customer Code, Pt II, r 12206). Under the Customer Code, Pt II, r 12200, FINRA arbitration proceedings must be conducted where: • a FINRA arbitration is required by written agreement or requested by the investor
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Industry Code The Finance Industry Regulatory Authority (FINRA) has two Codes of Arbitration Procedure. One of them is the Code of Arbitration Procedure for Industry Disputes (the Industry Code), which governs arbitrations between industry parties. For information on commencing arbitration under the other code, the Code of Arbitration Procedure for Customer Disputes (the Customer Code), see Practice Note: FINRA—commencing an arbitration under the Customer Code [Archived]. Starting an arbitration Where an industry dispute arises, FINRA arbitration proceedings will be mandatory in certain circumstances. In other cases, the parties may choose to arbitrate a dispute under the Industry Code. In all cases, the claim must be filed within six years of the events giving rise to the dispute (the Industry Code, Pt II, r 13206). Under the Industry Code, Pt II, r 13200, FINRA arbitration proceedings must be conducted where: • the dispute arises out of the securities business activities of a broker and/or a brokerage
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulatory Authority (FINRA) is an independent regulatory body overseeing the US securities industry. As part of its role, FINRA operates the largest dispute resolution body in the securities industry. It works to resolve monetary and business disputes between investors, brokerage firms and individual brokers, as well as disputes between and among brokerage firms and individual brokers. The disputes are dealt with using FINRA’s own arbitration procedure. FINRA has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties This note concerns costs under both Codes. Filing fees Any party that makes a claim (including a counterclaim, a cross-claim or a third
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulatory Authority (FINRA) is an independent regulatory body overseeing the US securities industry. As part of its role, FINRA operates the largest dispute resolution body in the securities industry. It works to resolve monetary and business disputes between investors, brokerage firms and individual brokers, as well as disputes between and among brokerage firms and individual brokers. The disputes are dealt with using FINRA’s own arbitration procedure. FINRA has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties This note concerns the Customer Code only. For procedure under the Industry Code, see Practice Note: FINRA—procedure under the Industry Code. Investor claims The Customer Code provides
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulatory Authority (FINRA) is an independent regulatory body overseeing the US securities industry. As part of its role, FINRA operates the largest dispute resolution body in the securities industry. It works to resolve monetary and business disputes between investors, brokerage firms and individual brokers, as well as disputes between and among brokerage firms and individual brokers. The disputes are dealt with using FINRA’s own arbitration procedure. FINRA has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties This note concerns the Industry Code only. For procedure under the Customer Code, see Practice Note: FINRA—procedure under the Customer Code [Archived]. Pre-action considerations Limitation period Under the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. The Financial Industry Regulatory Authority (FINRA) is an independent regulatory body overseeing the US securities industry. As part of its role, FINRA operates the largest dispute resolution body in the securities industry. It works to resolve monetary and business disputes between investors, brokerage firms and individual brokers, as well as disputes between and among brokerage firms and individual brokers. The disputes are dealt with using FINRA’s own arbitration procedure. FINRA has two Codes of Arbitration Procedure: • the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration proceedings between investors and industry parties, and • the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration proceedings between industry parties This note concerns both Codes. Investor disputes Simplified arbitration proceedings Investor arbitrations involving claims of $50,000 or less, exclusive