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FINRA: Customers Awarded Damages in 51% of Arbitration Cases

April 17, 2011

FINRA's latest arbitration statistics through March 2011, presented below.

New Arbitration Case Filings through March

2009

2010

2011

2011 vs 2010

1,716

1,483

1,273

-14%

Number of Arbitration Cases Closed through March

2009

2010

2011

2011 vs 2010

1,024

1,460

1,641

12%

Arbitration Cases Served by Controversy Involved

Type of Controversy*

2007

2008

2009

2010

March 2011

Margin Calls

45

64

128

83

22

Churning

133

212

306

270

65

Unauthorized Trading

174

248

478

397

79

Failure to Supervise

830

1,029

2,691

2,372

508

Negligence

891

1,602

3,405

2,698

580

Omission of Facts

275

1,201

2,453

1,941

397

Breach of Contract

953

1,658

2,802

2,184

476

Breach of Fiduciary Duty

1,616

2,836

4,206

3,162

690

Unsuitability

695

1,181

2,473

1,974

418

Misrepresentation

739

2,005

3,408

2,601

544

Online Trading

1

3

0

0

0


*Each case can be coded to contain multiple controversy types. Therefore the columns in this table cannot be totaled to determine the number of cases served in a year.

How Arbitration Cases Close

Cases Decided by Arbitrators    


 

All of 2010    

% of Cases

March 2011

% of Cases

After Hearing



1,143

19%

255

16%

After Review of Documents



258

4%

54

6%    

 

Cases Resolved by Other Means    



All of 2010      

% of Cases

March 2011

% of Cases

Direct Settlement of Parties



3,139   

51%

886

55%

Settled Via Mediation



590

10%

149

9%    

Withdrawn                            


621           

10%       

139        

9%          

All Others*           


377

6%

140

9%

Total                                 



4,727

77%

1,314

81%    

*All Other reasons for closed includes cases closed by: Stipulated Award, Bankruptcy of Critical Party; Uncured Deficient Claim; Forum Denied; Stayed by Court Action, etc. Note cases counted as closed in this report do not include those cases that closed and were then reopened.

Results of Customer Claimant Arbitration Award Cases

Year Decided

All Customer Claimant Cases Decided (Hearings & Paper)

%-age Decided of All Customer Claimant Cases Closed

Customer Awarded Damages *

2006

1,011

19%

 42% (425 cases)

2007

671

18%

 37% (245 cases)

2008

474

20%

 42% (199cases)

2009

669

21%

 45% (304cases)

2010 **

882

20%

 47% (415 cases)

2011

165

14%

 51% (84 cases)

* Percentage of customer claimant award cases reflects only instances in which investors as claimants recovered monetary damages or non-monetary relief. 

** In 2010, approximately 76% of customer claimant cases resulted, through settlements or awards, in monetary or non-monetary recovery for the investor.