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FINRA Revises Simplified Arbitration
June 22, 2012
[ by Howard Haykin ] FINRA received SEC approval to amend Rules 12800 and 13800, Simplified Arbitration, for both the Customer and Industry Codes of Procedure. The rules provide streamlined arbitration procedures for claims involving $25,000 and less. FINRA will revise the threshold - i.e., raise the dollar limit - so as to allow claims of $50,000 or less to file for simplified arbitration.
Parameters of the Rules. Under Rules 12800 and 13800, unless a party requests a hearing, a single arbitrator resolves the dispute and issues an award based on the written submissions of the parties. In a customer case, only the customer has the option to request a hearing - i.e., an industry party may not request a hearing. In an industry case, only the claimant - whether a firm or an individual - has the option to request a hearing; other parties may not request a hearing. FINRA also streamlines discovery for cases administered under these rules. Benefits of Higher Limit. Among the benefits:- Parties benefit from reduced forum fees because they can avoid hearing session fees and hearing process fees.
- Parties save the time and expense of preparing for, scheduling and traveling to a hearing when an arbitrator decides a case on the pleadings.
- Customers who are unable to retain an attorney, or are uncomfortable appearing at a hearing without representation, now have the option of having their claims decided on their written submissions.
- FINRA can expedite administration of cases under the simplified arbitration rules because the arbitrator and the parties do not need to schedule a hearing.

