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.

In California, When Can I Sue My Stockbroker?

Investing in the stock market can be rewarding, offering the potential for substantial returns and long-term financial security. However, when things go wrong due to the actions or inactions of a stockbroker or financial advisor, it can lead to significant financial losses and emotional distress. If you find yourself in such a situation, you might wonder, “When can I sue my stockbroker in California?”

At Bakhtiari & Harrison, we specialize in representing investors who have been wronged by their stockbrokers or financial advisors. In this blog, we’ll outline the circumstances under which you can take legal action against a stockbroker in California and the steps involved in pursuing a claim.

Common Reasons to Sue a Stockbroker

Misrepresentation or Fraud Stockbrokers and financial advisors are required to provide accurate information about investment opportunities. If they intentionally mislead you by providing false information or omitting critical details, you may have grounds for a lawsuit based on securities fraud. Our experienced securities fraud attorneys can help you navigate this complex legal area.
Unsuitable Recommendations Your stockbroker has a duty to recommend investments that are suitable for your financial situation, goals, and risk tolerance. If they recommend high-risk investments without proper consideration of your circumstances, this may constitute an unsuitable recommendation, and you can sue for the resulting financial losses.
Unauthorized Trading Stockbrokers must have your consent before executing trades on your behalf. Unauthorized trading, or “churning,” occurs when a broker makes transactions without your approval or engages in excessive trading to generate commissions. This practice is illegal and can be grounds for legal action.
Negligence Brokers must exercise a reasonable standard of care when managing your investments. Failure to do so—such as neglecting to monitor your portfolio, failing to diversify investments, or ignoring important financial news—can be considered broker negligence, making the broker liable for any resulting financial losses.
Breach of Fiduciary Duty As fiduciaries, stockbrokers and financial advisors are obligated to act in your best interest. If they prioritize their interests over yours, such as recommending investments that earn them higher commissions regardless of their suitability for you, they have breached their fiduciary duty. This breach can form the basis of a lawsuit.

California’s Legal Framework

In California, several state and federal laws and regulations protect investors from broker misconduct. These include:

California Securities Act
California Elder Abuse and Dependent Adult Civil Protection Act (for senior investors)
FINRA Rules and Regulations

Under these laws, you have the right to seek compensation for your financial losses through various legal avenues, including arbitration through the Financial Industry Regulatory Authority (FINRA) and litigation in state courts.

The Process of Suing a Stockbroker

Consultation and Case Evaluation The first step is to consult with an experienced investment fraud attorney. At Bakhtiari & Harrison, we offer free consultations to evaluate your case and determine the best course of action.
Filing a Claim Depending on the specifics of your case, we may file a claim through FINRA arbitration or in a state court. Arbitration is a common route for disputes involving stockbrokers and brokerage firms and can be faster and less costly than traditional litigation.
Discovery and Evidence Gathering During the discovery phase, both parties exchange information and gather evidence to support their claims. This includes documents, emails, and testimony from experts and witnesses.
Arbitration or Trial If the case goes to arbitration, a panel of arbitrators will hear the evidence and make a binding decision. In a court trial, a judge or jury will determine the outcome. Our attorneys at Bakhtiari & Harrison have years of experience in both arbitration and courtroom litigation, ensuring that you receive skilled representation.
Award and Recovery If the arbitrators or court rule in your favor, you may be awarded compensation for your investment losses, including legal fees, and other damages.

Why Choose Bakhtiari & Harrison?

At Bakhtiari & Harrison, we have a proven track record of successfully representing investors in California. Our deep understanding of securities laws and regulations, combined with our commitment to protecting our clients’ rights, makes us the ideal choice for your legal needs.

If you believe you have been wronged by your stockbroker or financial advisor, don’t hesitate to contact us at (310) 499-4732. We are here to help you navigate the complexities of securities litigation and arbitration, ensuring that you receive the justice and compensation you deserve.