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.

Complying with FINRA Rule 2210: BrokerCheck Reference and Link Requirements

Investment firms operating in the retail space are subject to strict communication guidelines, particularly when it comes to disclosing background information about their registered representatives. One such requirement is found in FINRA Rule 2210(d)(8), which mandates the inclusion of a readily apparent reference and hyperlink to FINRA BrokerCheck on certain webpages viewed by retail investors.

This rule is designed to promote transparency and investor protection by ensuring that retail clients have easy access to background information about firms and registered professionals. Below, we explain the rule’s requirements and outline practical ways for firms to comply.

When the Rule Applies

FINRA Rule 2210(d)(8) requires that a BrokerCheck reference and hyperlink be included on:

The initial web page that the firm intends for retail investors to view; and
Any webpage that includes a professional profile of one or more registered persons who conduct business with retail investors.

These requirements are not limited to firm homepages. They apply broadly to online materials that are intended to engage or inform retail clients.

What “Readily Apparent” Means

To meet the “readily apparent” standard, FINRA expects firms to take the perspective of a reasonable retail investor. This includes attention to the following three elements:

Placement
- The link should be visible as soon as the page loads, without requiring significant scrolling.
- If the page does require scrolling, there must be clear indicators that additional information lies below.
- The link should not be hidden in dense paragraphs or buried in footnotes.
Font Size
- The hyperlink and its description must use a font size that is consistent with the other key text on the page.
- Using smaller or harder-to-read fonts undermines visibility and fails the “readily apparent” standard.
Font Color
- The hyperlink text must clearly contrast with the background of the webpage.
- A link that blends into the page design or is difficult to distinguish will not meet the rule’s requirements.

Importantly, FINRA has made clear that simply placing the link in a website’s footer does not satisfy the rule in most cases.

Tools and Guidance from FINRA

To assist with compliance, FINRA has created a set of optional tools and resources. These include:

Step-by-step instructions for linking to BrokerCheck
Tools for creating direct links to a specific firm’s or individual’s BrokerCheck profile
A customizable BrokerCheck widget that allows users to search for individuals within a specific firm without leaving the firm’s website
Raw graphical files and customization tools that registered representatives can use to promote their BrokerCheck profiles

Sample Language and Hyperlink Options

FINRA suggests using the following sample language for hyperlinks (though it is not mandatory):

Check the background of this firm on FINRA’s BrokerCheck.
Check the background of this investment professional on FINRA’s BrokerCheck.

This language is simple and effective, and it aligns with the spirit of Rule 2210 by providing transparency in a user-friendly way.

Creating Direct Links to BrokerCheck Profiles

While the rule only requires a general link to BrokerCheck, firms may benefit from creating direct links to specific CRD profiles. To do this, firms must know the CRD number for the firm or individual.

Here’s how the link structure works:

For a firm with CRD number 12345:
https://brokercheck.finra.org/firm/summary/12345
For an individual registered representative with CRD number 12345:
https://brokercheck.finra.org/individual/summary/12345

These direct links improve access for investors and demonstrate a firm’s commitment to transparency and regulatory best practices.

Why It Matters

Compliance with FINRA Rule 2210(d)(8) is not just about following the rules—it is about earning trust. Retail investors rely on clear, accessible information when deciding where to invest and whom to work with. BrokerCheck offers a window into the professional histories of firms and representatives, including any past disclosures, disciplinary actions, or regulatory findings.

Firms that fail to provide “readily apparent” access to this resource risk regulatory scrutiny and may undermine their relationships with clients.

Final Thoughts

Firms should take a proactive approach to complying with FINRA’s BrokerCheck link requirements by reviewing their public-facing websites through the lens of a retail investor. Is the BrokerCheck link easy to see? Is the font legible and the location prominent? Does it clearly direct the user to relevant information?

These are simple questions, but they carry weight under Rule 2210.

For investment firms, financial professionals, and compliance officers seeking assistance with regulatory communications or defending against FINRA inquiries, contact Bakhtiari & Harrison for guidance.