by Marvin Schuldiner | Sep 30, 2010 | Arbitration
Over two years ago, I wrote about a pilot program FINRA established to test all-public arbitration panels. FINRA, the financial industry’s regulatory arm, will be submitting to the Securities and Exchange Commission a rule change proposal next month to make...
by Marvin Schuldiner | Feb 2, 2010 | Arbitration
Filings for arbitration at the Financial Industry Regulatory Authority (FINRA), the self-regulation body of Wall Street, are up 43% in 2009 over the previous year. Nearly all brokerage agreement specify FINRA arbitration as the only way to resolve a dispute between a...
by Marvin Schuldiner | Feb 1, 2010 | Arbitration, Commercial Mediation
Analogies between a finder of fact (a judge or jury) and referees or umpires (the arbiter of a game’s rules) are often made. It is open to debate whether the analogy firmly holds. However, it is often interesting to discuss whether any “neutral”...
by Marvin Schuldiner | Dec 14, 2009 | Arbitration
Arbitration is an alternative to a court making a decision on an issue in dispute by having an arbitrator, or private judge, make a decision on a matter. The benefits of arbitration include a quicker and less expensive trail to a decision. The disadvantage is that the...
by Marvin Schuldiner | Jul 22, 2009 | Arbitration, Commercial Mediation
Most credit cardholder agreements contain a provision that upon default, the dispute will go before an arbitrator (a private judge) for a decision. As with home mortgages, many consumers in default on their debt will ignore the notices for the arbitration hearing. ...
by Marvin Schuldiner | Jun 26, 2009 | Arbitration
A California court recently upheld an award by an arbitrator for an amount in excess of $4 billion. Paul Thomas Chester had sued his former employer, affiliated companies and company founder Timothy Ringgenberg for wrongful termination. The case ended up in front of...