Is A Lawyer Required For Arbitration?
There is no requirement for you to be represented by an attorney in the arbitration. But you should realize that the large brokerage company would typically have teams of lawyers working for them in their legal departments. The brokerage company and broker may often also retain an outside law firm to vigorously defend their interests. If you appear without legal counsel you will find yourself at a severe disadvantage and by the legal representation of the opposition. A customer should consider retaining a qualified attorney or at least consult with an attorney prior to the filing of the claim. Since arbitration is binding and final, it will be too late for an investor to go to a lawyer after losing the arbitration, even if he failed to assert important points as a result of an ineffective effort to represent himself.
Other Arbitration FAQs
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Q:
Are Companies Required To Inform Stockholders Of Their Involvement In A Lawsuit?
A: Companies are only required to report legal proceedings in their registration statement, quarterly report, and annual report. They do not have to make special reports … More -
Q:
Can I Get Information Concerning The Secs Ongoing Investigation Of A Public Company?
A: The SEC has a policy of maintaining confidentiality about any details of its investigations until the cases are filed with the courts or a similar judicial body. This … More -
Q:
Is It Possible To Obtain The Results Of An Sec Investigation?
A: You can only find out which companies or individuals have been charged with an offense, and this information may be obtained from the Enforcement Actions Section of … More -
Q:
Is It Possible To Find Out If There Have Been Complaints Filed With The Sec About A Particular Company?
A: Yes, the Enforcement Actions Section of the SEC provides this information, and you can often get similar information by way of the Freedom of Information Act. -
Q:
What Is The Difference Between Court And Arbitration?
A: In an arbitration proceeding there are no juries and the rules of evidence do not apply. Arbitration is usually faster and less costly then litigation in a court setting. -
Q:
Who Decides Whether The Case Is Litigated In Court Or Arbitration?
A: Many brokerage account agreements contain an arbitration clause requiring that any future disputes be resolved through arbitration rather than litigation. While … More -
Q:
How Does Arbitration Work?
A: In arbitration, a panel of one to three arbitrators hears and weighs the arguments and evidence of both sides of a case, then renders a binding decision. The … More -
Q:
Who Conducts The Arbitration Proceedings?
A: The three main forums for resolving securities arbitration disputes are; The American Arbitration Association, The New York Stock Exchange and The National Association … More
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