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The NASD was founded on September 3, 1936 as Investment Bankers Conference, Inc. [9] and, on August 7, 1939, was registered under the name National Association of Securities Dealers, Inc. [10] as a national securities association with the SEC under authority granted by the 1938 Maloney Act amendments to the Securities Exchange Act of 1934, [11] which allowed it to supervise the conduct of its ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Right or wrong, FINRA likely prevails with brokers and firms settling arbitration disputes and complaints according to FINRA's final decision, however, according to Nov. 2008 articles published online by Securities Industry News and Investment News, the U.S. Securities and Exchange Commission (SEC), in a highly unusual move, reversed FINRA in a recent selling away case appeal.
If we, instead of you, initiate arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. You may initiate arbitration only in your county of residence or in Loudoun County, Virginia. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
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The American Arbitration Association is also an SRO with official, statutory status.. Because of the prominence of the SROs in the securities industry, the term SRO is often used to narrowly to describe an organization authorized by statute or government agency to exercise control over a certain aspect of the industry.
Discover Bank v. Superior Court (113 P. 3d 1100 (Cal. 2005)): Held a class action waiver in an arbitration clause unconscionable when disputes will involve small amounts of damages and are part of a scheme by a company with superior bargaining power to deliberately cheat many consumers (the "Discover Bank test").
Night Baseball Arbitration is a variation of baseball arbitration where the figures are not revealed to the arbitration tribunal. The arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award.