What is a FINRA arbitration?
Asked by: Owen Wisozk | Last update: July 12, 2025Score: 4.8/5 (7 votes)
FINRA's Dispute Resolution Process. 2. Arbitration. Arbitration is similar to going to court, but is usually faster, cheaper and less complex. The parties present the issues through the use of witness testimony and documentary evidence much as they would in court.
How long does a FINRA arbitration take?
Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.
What happens during arbitration?
The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.
What disputes are eligible for FINRA arbitration?
FINRA cannot offer legal advice or legal representation to anyone. Parties can file an arbitration claim or request mediation when there is a dispute involving the business activities of a brokerage firm or an associated person, including claims by investors and disputes involving employee compensation or termination.
Who usually wins in arbitration?
An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).
What are the steps of a FINRA arbitration?
What not to say during arbitration?
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
What is a FINRA arbitrator?
FINRA arbitrators are dedicated individuals serving the investing public and the securities industry by resolving securities-related disputes. They are neutral, well-qualified and essential to maintaining a fair, impartial and efficient system of dispute resolution.
How much does FINRA arbitration cost?
FINRA Arbitration Filing Fees
Claim for up to $1,000: $50. Claim for $1,000.01 to $2,500: $75. Claim for $2,500.01 to $5,000: $175. Claim for $5,000.01 to $10,000: $325.
What Cannot be solved by arbitration?
Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.
Is FINRA arbitration mandatory?
Arbitration is a compulsory process requiring FINRA members to answer claims. In mediation parties jointly select an independent mediator who assists the parties in reaching a negotiated resolution. Mediation is voluntary and both sides must agree before a session can commence.
What happens if you lose in arbitration?
What Happens If You Lose in Arbitration? Losing in arbitration means the arbitrator's decision goes against you and the arbitrator may issue an award. This could involve paying money damages, returning property, paying the other party's arbitration or legal fees, or taking some other action.
Who pays for arbitration?
The parties each pay their own costs to conduct their case. Parties will likely not encounter all of the above costs on every case, and the amount of these costs, and which party must pay them, is different depending on the case and the rules that apply.
Is it better to settle or go to arbitration?
In most cases, arbitration tends to be more cost-effective. While arbitrator's fees can be significant, the overall expenses are generally lower because of limited discovery and quicker resolution.
How do you initiate FINRA arbitration?
FINRA requires investors and other parties to file their arbitration claims via the DR Portal—except for investors representing themselves, who have the option to file by mail. If you are new to the DR Portal, please create an account. Login to the DR Portal and select “File a New Arbitration Claim” in the left column.
What happens after you win arbitration?
The arbitrator will write the award and the AAA® will send that to the parties once it is ready. Depending on the rules and the parties' arbitration agreement, the date the award must be given to the parties may differ, but it is usually between 14 and 30 days from the close of hearings.
What happens when you file a complaint with FINRA?
FINRA investigates complaints against member firms and their employees. We are empowered to take disciplinary actions against member firms and their financial professionals. Sanctions imposed by FINRA may include fines, disgorgements, suspensions, bars from the securities industry and/or other appropriate sanctions.
Why you shouldn't agree to arbitration?
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.
What are 2 disadvantages of arbitration?
If one party feels the decision is erroneous, there is very limited opportunity to correct it. There are many cases in which arbitration can become more expensive than court proceedings. Quality arbitrators can demand substantial fees that would not apply in court.
What kind of cases go to arbitration?
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
What is the time limit for FINRA arbitration?
Code of Arbitration Procedure Rule 12206 for Customer Disputes and Rule 13206 for Industry Disputes outline the time limits for submitting a claim in arbitration. These rules allow a claim to be filed within 6 years of the occurrence or event giving rise to the cause of action.
Is it worth going to arbitration?
Arbitration tends to be less expensive than litigation because it typically involves fewer procedural hurdles and streamlined processes. Additionally, arbitration can be faster, often resolving disputes more quickly than court cases, which can drag on for years. Another advantage is confidentiality.
Do FINRA arbitrators get paid?
As an arbitrator on the FINRA Dispute Resolution roster, am I entitled to compensation for my service? A. Yes, arbitrators are compensated at the rate of $300 per hearing session, with an additional $125 per day if acting as Chairperson at the hearings on the merits.
How long does arbitration take?
The average arbitration hearing discovery process lasts about two months. Then, the arbitration hearing phase will only take one or two weeks, on average. So, the duration of the entire arbitration process is about three months. But sometimes mandatory arbitration clause arbitral proceedings do not take that long.
Can you appeal a FINRA arbitration?
Challenges to an Arbitration Award
FINRA does not have an appeals process through which a party may challenge an award. This means that FINRA does not hear appeals on arbitration awards. However, under federal and state laws, there are limited grounds on which a court may hear a party's appeal on an award.
Why would someone be barred by FINRA?
findings by the SEC, CFTC or an SRO that a person: 1) "willfully" violated the federal securities or commodities laws, or the Municipal Securities Rulemaking Board (MSRB) rules; 2) "willfully" aided, abetted, counseled, commanded, induced or procured such violations; or 3) failed to supervise another who commits ...