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SEC Approves FINRA Plan to Allow All-Public Arbitration Panels

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by Beth Graham

Wednesday, Feb 02, 2011


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Yesterday, the Securities and Exchange Commission (SEC) approved a Financial Industry Regulatory Authority (FINRA) plan to provide investor-claimants with an all-public arbitration panel option.

According to Investment News,

The approval follows a 27-month pilot program during which Finra gave certain investors the choice of eliminating the industry arbitrator on three-person panels and replace the arbitrator with a public panelist.

The Dodd-Frank Act directed a study of FINRA arbitration services and,

The legislation also gave the SEC explicit authority to ban or limit pre-dispute arbitration agreements.

The rule change announced yesterday does not affect disputes between brokerage firms or brokers.

Firm-versus-firm cases are heard by industry panels, and industry cases involving an individual broker are heard either by a single public arbitrator or majority public panel.

Read more about the newly approved plan here.

In September, Disputing discussed the FINRA proposal here.

Tags: arbitration, FINRA, News, securities arbitration

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  • The Historical Basis of Securities Arbitration as an Investor Protection MechanismThe Historical Basis of Securities Arbitration as an Investor Protection Mechanism
  • SEC Seeks Additional Public Comments Over Proposed Changes to Who May Serve as a FINRA Public ArbitratorSEC Seeks Additional Public Comments Over Proposed Changes to Who May Serve as a FINRA Public Arbitrator

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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