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Arbitration Process


Once the Statement of Claim has been received, the Director of Arbitration will send it to the opposing party (the "respondent"). Any member (e.g., brokerage houses) of an organization listed in the Services Directory may be a party in an arbitration proceeding. Similarly, an employee and/or representative of any such member also may be named as a party.

Following the receipt of the claim, the respondent has 20 calendar days in the case of a small-claim arbitration and 20 business days in all other arbitrations to provide an answer, unless an extension of time has been granted by the Director of Arbitration. It is within the discretion of the Director of Arbitration to grant such extensions even over the objection of a party. However, the Director of Arbitration will consider the objection when determining the length of the extension.

The respondent may assert a related counterclaim as part of its answer, or may file a claim against a third party; that is, a claim against another person who may bear responsibility for any of the alleged damages. Generally, a claim is considered to be related if it pertains to the customer's account at the broker/dealer. In support of its defense or counterclaim, the respondent should attach copies of documents and supporting materials to its answer.

The respondent also should send to each party an executed Submission Agreement and a copy of the respondent's answer and any counterclaim. The respondent's executed Submission Agreement and answer shall also be filed with the Director of Arbitration, with additional copies for the arbitrator(s) along with any deposit required under the Schedule of Fees. On receipt of an answer containing a counterclaim, the claimant has 10 calendar days in the case of a small-claim arbitration and 10 business days in all other arbitrations to file a reply to any counterclaim. The claimant also should send to each party a copy of the reply to a counterclaim. The reply also shall be filed with the Director of Arbitration with additional copies for the arbitrators.

Service on a party may be effected by mail or other means of delivery. Filing with the Director of Arbitration should be made on the same date and by the same means as service on a party.

About Our Lawyers
Learn more about Andrew Stoltmann, Dave Neuman and Joe Wojciechowski

Stoltmann In The News
Various news articles and TV transcripts quoting Andrew Stoltmann or profiling his clients.

Stoltmann Arbitration Awards
Arbitration Awards by Andrew Stoltmann.

InvestmentFraud.PRO Blog
Read the InvestmentFraud.PRO Blog.

Arbitration Process
Questions and Answers on the Arbitration Process.

Checking Out Your Broker
Tips for Checking Out Brokers and Advisers.

151 Answers To Most Faqs.
Excerpts from the book by co-authored by Andrew Stoltmann on Investor Rights for the 21st Century.

Group Arbitration Actions
Learn more about Group Arbitration Actions.

Insurance Abuses
Life Insurance Twisting

Ponzi Scheme
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Bond Fraud
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