What is FINRA arbitration?

FINRA arbitration is a method of resolving disputes between investors and brokerage firms or financial advisors outside the court system. It involves a neutral third party, an arbitrator, who reviews the case and makes a binding decision.

Why choose arbitration over litigation?

Arbitration is typically faster, less formal, and more cost-effective than litigation. It also provides a final resolution to disputes, with limited grounds for appeal. Most relationships with financial advisors are formalized by entering into a contract which contains a dispute resolution clause. Nationally, most dispute resolution clauses provide for FINRA arbitration.

Who can file a FINRA arbitration claim?

Investors, brokerage firms, and financial advisors can file a FINRA arbitration claim if they have a dispute related to securities or investment activities. FINRA arbitration is normally the forum for disputes among registered persons, brokerage firms and the public customer clients of the firms.

How do I start the FINRA arbitration process?

To start the arbitration process, Bakhtiari & Harrison will file a Statement of Claim with FINRA, detailing the nature of the dispute, the parties involved, and the relief sought.

What is a Statement of Claim?

A Statement of Claim is a written document submitted by the claimant outlining the facts of the dispute, legal claims, and the desired outcome.

What happens after filing the Statement of Claim?

After filing, the respondent has 45 days to answer the Statement of Claim. The answer must address the claims and may include counterclaims or other relief sought.

What fees are involved in FINRA arbitration?

Fees include filing fees, hearing session fees, and possibly member surcharges or process fees, depending on the specifics of the case.

Can I represent myself in FINRA arbitration?

Yes, you can represent yourself, but many choose to hire an attorney with experience in securities arbitration due to the complexity of the process. Investors and industry professionals who choose to represent themselves do so at a substantial disadvantage, Wall Street firms typically retain experienced professional counsel to represent their interests.

How are arbitrators selected?

Arbitrators are selected through the Neutral List Selection System (NLSS), which provides a list of potential arbitrators. Both parties rank and strike names to agree on a panel.

What qualifications do FINRA arbitrators have?

FINRA arbitrators include attorneys, accountants, financial professionals, and public members who have undergone training and meet FINRA’s qualification standards.

How long does the arbitration process take?

The process typically takes 12-18 months from filing to the final award, but this can vary based on case complexity and scheduling. Preference may be given to investors that are seriously ill or elderly.

What is a prehearing conference?

A prehearing conference is a meeting between the parties and the arbitrators to discuss procedural issues, set a schedule, and address preliminary matters including final FINRA arbitration hearing dates.

What is discovery in arbitration?

Discovery is the exchange of documents and information between the parties to prepare for the hearing. It is more limited than in litigation.

What happens during the arbitration hearing?

During the hearing, both sides present evidence, call witnesses, and make arguments. The arbitrators then deliberate and render a decision.

Is the arbitration hearing open to the public?

No, arbitration hearings are private and confidential. Only the parties, their representatives, and the arbitrators may attend.

Can I settle my case before the hearing?

Yes, parties can settle at any time before the arbitrators render a decision, often through negotiation or mediation.

What is mediation in the context of FINRA arbitration?

Mediation is a voluntary process where a neutral mediator helps the parties negotiate a settlement. It is separate from arbitration and non-binding.

What happens if I lose in arbitration?

If you lose, the arbitrator’s decision is final and binding. There are limited grounds for challenging the award in court.

Can I appeal an arbitration decision?

Generally, you cannot appeal an arbitration decision. However, you can seek to vacate the award on very narrow grounds, such as arbitrator misconduct.

What types of disputes are resolved through FINRA arbitration?

Disputes include claims of fraud, breach of fiduciary duty, negligence, breach of contract, and other issues related to securities and investments.

How are damages determined in arbitration?

Damages are determined based on the evidence presented, including financial records, expert testimony, and the specifics of the case.

Can arbitrators award attorney’s fees?

Arbitrators can award attorney’s fees if provided for by law, contract, or if both parties request it.

How do I enforce an arbitration award?

An arbitration award can be enforced in court through a confirmation process, making it a judgment that can be collected.

What is expungement in FINRA arbitration?

Expungement is the process of removing information from a broker’s record on the Central Registration Depository (CRD) system. It is only granted under specific conditions.

What are the grounds for vacating an arbitration award?

Grounds for vacating an award include arbitrator bias, fraud, corruption, or misconduct, as well as exceeding their powers.

Are arbitration awards public?

Yes, arbitration awards are published on FINRA’s website, providing transparency and access to past decisions.

What is the role of the Office of Dispute Resolution?

The Office of Dispute Resolution administers arbitration and mediation cases, ensuring that the process runs smoothly and efficiently.

What is a Simplified Arbitration?

Simplified Arbitration is for cases involving claims of $50,000 or less, allowing for a quicker and less expensive resolution without a hearing.

Can I request an expedited hearing?

Yes, in certain circumstances, such as elderly or seriously ill parties, you can request an expedited hearing.

What is the role of an arbitrator?

An arbitrator acts as a neutral decision-maker, reviewing evidence, hearing testimony, and issuing a binding decision on the dispute.

How do I prepare for an arbitration hearing?

Preparation involves gathering evidence, preparing witnesses, and developing a clear case strategy to present to the arbitrators.

What types of evidence are admissible in arbitration?

Evidence can include documents, emails, financial records, expert reports, and witness testimony, subject to the arbitrators’ discretion.

Can I request documents from the other party?

Yes, through the discovery process, you can request relevant documents and information from the other party to support your case.

How does FINRA handle conflicts of interest with arbitrators?

FINRA requires arbitrators to disclose any potential conflicts of interest, and parties can object to arbitrators they believe are biased.

What happens if a party does not comply with discovery?

If a party does not comply, the other party can file a motion to compel, asking the arbitrators to order compliance and possibly impose sanctions.

What is a motion in arbitration?

A motion is a formal request for the arbitrators to make a ruling on a specific issue, such as compelling discovery or dismissing a claim.

Can I request interim relief in arbitration?

Yes, you can request interim relief, such as temporary restraining orders or injunctions, to preserve the status quo pending the final decision.

How are hearing locations determined?

Hearing locations are typically determined by the location of the claimant unless both parties agree to a different venue.

What is a telephonic or virtual hearing?

Telephonic or virtual hearings are conducted via phone or video conference, allowing parties to participate remotely.

How are arbitration awards paid?

Awards are typically paid by the losing party within 30 days of the decision, unless otherwise specified by the arbitrators.

What if the losing party does not pay the award?

If the losing party does not pay, you can seek enforcement through the courts, turning the award into a legally enforceable judgment.

Are there any limits on the types of claims I can bring in arbitration?

FINRA arbitration covers a broad range of claims related to securities, but there are some statutory and regulatory limits on certain types of claims.

Can I bring a class action in FINRA arbitration?

No, class actions are not permitted in FINRA arbitration. However, you can join other claimants in a single arbitration if the claims are similar.

What is the role of expert witnesses in arbitration?

Expert witnesses can provide specialized knowledge and opinions to help explain complex financial issues to the arbitrators.

How are hearing dates scheduled?

Hearing dates are scheduled based on availability of the parties and arbitrators, with consideration for the complexity of the case.

Can I request a different arbitrator if I believe one is biased?

Yes, you can challenge an arbitrator if you believe they have a conflict of interest or bias that affects their impartiality.

What is a “chairperson” in a FINRA arbitration panel?

The chairperson is the lead arbitrator who manages the procedural aspects of the case and ensures the hearing runs smoothly.

How does FINRA ensure fairness in arbitration?

FINRA has rules and procedures in place to ensure a fair and impartial process, including arbitrator training and disclosure requirements.

How do I learn more about the FINRA arbitration process?

For more information, you can visit FINRA’s website, contact their Office of Dispute Resolution, or consult with experienced attorneys like those at Bakhtiari & Harrison.

How can Bakhtiari & Harrison help with FINRA arbitration?

Bakhtiari & Harrison can assist with filing claims, responding, selecting arbitrators, discovery, hearings, and ensuring the best possible outcome through skilled representation and strategic advice.

Fidelity Brokerage Investment Lawyers

Fidelity Brokerage Services LLC, headquartered in Boston, Massachusetts, is a leading full-service broker-dealer and registered investment adviser. The firm offers a wide range of investment products and services to retail investors, institutions, and financial intermediaries. This overview explores Fidelity Brokerage’s corporate history, regulatory background, and key operational metrics, with a focus on compliance practices and investor relations.

History of Fidelity Brokerage

Fidelity Brokerage Services is a subsidiary of Fidelity Investments, one of the largest and most recognized financial services firms in the world. Founded in 1946, Fidelity has grown into a global financial institution offering investment management, retirement planning, brokerage, and custodial services. Fidelity Brokerage Services specifically serves retail investors and advisors, providing access to equities, mutual funds, ETFs, options, fixed income products, and managed accounts.

Key Business Metrics

CRD Number

Fidelity Brokerage Services is registered under CRD number 7784. Regulatory agencies use this number to monitor the firm’s licensing history, disclosures, and any enforcement actions.

Number of Regulatory Events

As a large firm, Fidelity Brokerage has been involved in multiple regulatory matters. These typically relate to recordkeeping deficiencies, supervisory lapses, and issues surrounding client disclosures. The firm has resolved these matters through regulatory settlements and remediation efforts.

Number of Employees

Fidelity employs tens of thousands of professionals across its business lines. Its brokerage division includes thousands of financial representatives and client service professionals nationwide, making it one of the most expansive retail investment platforms in the country.

Assets Under Management (AUM)

Fidelity Brokerage Services manages and services trillions of dollars in client assets. Its scale and reach allow it to support investors of all levels—from individual traders to large institutions.

Revenue

Fidelity generates substantial annual revenue through brokerage commissions, asset-based fees, margin lending, and service-related charges. Its diversified model supports both retail and institutional business lines.

Regulatory and Compliance Landscape

Fidelity Brokerage is regulated by FINRA and the SEC and operates under a well-developed compliance infrastructure. Nonetheless, the firm’s size and scope have brought regulatory attention over the years, particularly related to cybersecurity, supervisory controls, and internal oversight of representative conduct.

Notable Regulatory Issues

Fidelity Brokerage has faced regulatory actions including:

Supervisory Deficiencies: Regulatory bodies have cited the firm for inadequate supervision of communications, trading practices, and customer account activity.
Recordkeeping and Disclosure Issues: Fidelity has resolved matters involving incomplete or delayed reporting and customer disclosures.
Fines and Settlements: The firm has paid regulatory fines to settle cases involving operational failures, affirming the need for continuous compliance enhancements.

These issues are not uncommon for firms of its size but highlight the importance of maintaining robust supervisory systems.

Customer Complaints

Customer complaints filed against Fidelity have included:

Service Interruptions: Clients have reported platform access issues during periods of high market volatility.
Product Transparency: Some complaints focus on the complexity and costs of certain investment options or margin accounts.

While Fidelity has a strong reputation for customer service, the firm has addressed complaints through formal dispute resolution channels, including arbitration and internal reviews.

Advisor Support and Client Services

Fidelity provides both self-directed and managed account options, along with digital tools, market research, and educational resources. Advisors working through Fidelity’s custodial and brokerage platforms have access to integrated technology, compliance support, and investment management solutions.

Clients benefit from a wide array of services, including retirement planning, wealth management, and low-cost investment vehicles. Fidelity is known for its commitment to technology, innovation, and investor education.

Customer Experience and Reputation

Fidelity has consistently ranked among the top brokerage firms in customer satisfaction surveys. Its combination of low fees, broad product access, and strong digital tools has helped maintain a positive reputation. However, as with any large institution, maintaining consistent quality across all service channels remains a challenge.

Looking Ahead

Fidelity Brokerage continues to invest in technology, cybersecurity, and platform development to meet the evolving needs of investors. Regulatory compliance, risk management, and transparent client service will remain central to the firm’s ability to maintain trust and leadership in the financial services industry.

Final Thoughts

Fidelity Brokerage Services LLC is one of the most well-established names in the investment industry. While its regulatory record reflects the operational challenges of managing a large client base, its commitment to modernization and investor resources remains strong. For more information, contact Bakhtiari & Harrison.