Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
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.
There are typically seven stages of the arbitration process: Claimant Files a Claim. The first step for parties who want to file an arbitration claim is to submit the following to FINRA. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
The jurisdictional limits of compulsory arbitration in the Pennsylvania state courts vary considerably with, for example, all cases involving up to $50,000 being referred to arbitration in Philadelphia, Montgomery, Lehigh, Bucks, and Lancaster Counties, whereas the limit is set at $35,000 in Dauphin County, $30,000 in ...
Once registered, the request for arbitration can no longer be withdrawn and a claimant seeking to withdraw from the proceedings will need to seek the “discontinuance” of the proceedings. It should be noted the Additional Facility Rules do not contain an analogous provision.
To file an appeal on an arbitration award, you must file a Notice of Appeal. You must file an original, and a copy. Include a copy and a stamped self-addressed envelope for each opposing counsel.
Under Article 5 of the 1976 Rules, if the parties have not agreed that there shall be only one arbitrator within 15 days after the receipt by the respondent of the notice of arbitration, three arbitrators will be appointed.
Arbitration Limits (a) All cases, except those involving title to real estate, shall be referred for hearing before and decision by a Board of Arbitrators, when the amount in controversy, exclusive of interest and costs, is $50,000 or less.