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.

The Hidden Risks of Promissory Notes: What Every Investor Should Know

Promissory notes can seem like a straightforward and attractive alternative to traditional investments like stocks and bonds. However, they are not without significant risks, and scams involving promissory notes have defrauded investors of hundreds of millions of dollars.

While some promissory notes are legitimate investments, many that are widely sold to individual investors are fraudulent. These fraudulent schemes often promise high or guaranteed interest rates, making them particularly appealing. They may claim to be secured by various business ventures, such as real estate or startups, but these claims are often unfounded. It’s crucial to understand the investment you’re considering and be aware of the warning signs that could indicate a scam.

What’s a Promissory Note?

A promissory note is a form of debt that companies and individuals use to raise money, similar to loans. The issuer promises to repay the buyer’s funds (principal) and make fixed interest payments in exchange for borrowing the money. These notes have set terms, or repayment periods, ranging from a few months to several years.

Even legitimate promissory notes carry risks. Competition, poor management, or adverse market conditions can affect the issuer’s ability to fulfill its promise to pay interest and return the principal to note buyers.

The Problem with Promissory Notes

Fraudulent promissory note schemes are a significant issue. These programs often promise very high or guaranteed returns, claim to be backed by collateral, or make other appealing but false claims. Such schemes frequently target seniors or other vulnerable investors, exploiting their retirement savings or existing lower-risk investments.

Additionally, promissory notes are usually securities and must be registered with the SEC or the state in which they’re sold unless they have a specific exemption from registration. If a note isn’t registered, it can only be sold to certain individuals who meet specific net worth and income limitations, making it harder to find information on the issuer and the note. Moreover, individuals might sell these notes without the required securities registrations, or even without their firms’ knowledge or approval.

Protecting Yourself from Fraud

If you’re considering investing in a promissory note, follow these tips to protect yourself:

Ask Questions: Inquire about the specifics of what will happen with your money during the note’s term and how it will generate the promised return. Ask how many other investors have been approached and how many have invested. If you don’t get satisfactory answers, walk away.
Beware of Pushy Sales Tactics: No reputable investment professional should push you to make an immediate decision. Be cautious of claims that the investment is limited to a few investors or is “private” to create urgency and exclusivity.
Check and Double-Check: Use the SEC’s EDGAR Database to check if the notes are registered. Verify with your state securities regulators if the investment and salesperson comply with your state’s laws. Use FINRA BrokerCheck to see if the investment professional is registered or has a disciplinary history. Check the Better Business Bureau for complaints against the issuing company.
Know Your Seller: Ensure the note is being sold through the investment professional’s firm. If not, it’s being “sold away,” and you may miss important protections. Watch for red flags like personal email addresses, unfamiliar letterheads, or printouts from home computers. Verify any doubts by contacting the firm directly.
Don’t Trust Guaranteed Returns: Salespeople cannot guarantee a specific return. Even if the note has a fixed interest rate, it might not pay that amount or return your principal. Be skeptical of claims that the notes are insured or secured by collateral unless you can verify these claims.
Consider the Market: Be wary of promissory notes offering high returns, especially when market rates are lower. High potential returns come with higher risks. In high-interest-rate environments, sellers might use more creative pitches to attract investors.
Understand Commissions: Ask about the salesperson’s compensation and where it’s disclosed to you as an investor. Promissory notes often offer higher commissions, creating conflicts of interest. Verify if the seller has any ownership interest or other incentives.

By staying informed and vigilant, you can protect yourself from fraudulent promissory note schemes and make more secure investment decisions.

Why Bakhtiari & Harrison?

If you are involved in a dispute, hiring an arbitration lawyer can be crucial to achieving a favorable outcome. The arbitration process, while faster and less formal than litigation, is still a legal proceeding that requires specialized knowledge, careful preparation, and skilled advocacy. Whether you are dealing with a securities dispute, employment arbitration, or a business conflict, having an arbitration lawyer by your side can make a significant difference in the final resolution of your case.

If you are facing arbitration and need legal support, contact Bakhtiari & Harrison to discuss your case. Our team can help you understand your rights, build a strong case, and guide you through the arbitration process with confidence.