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Newest FINRA Arbitrator Newsletter Focuses on Disclosure

September 7, 2011

Excerpt from a September 2 letter from FINRA Neutral Management VP Barbara Brady:

Dear FINRA Dispute Resolution Arbitrator:

The latest editon of The Neutral Corner (Volume 4-2011), the arbitrator newsletter of FINRA Dispute Resolution, is currently posted on the forum's web site. For the reason cited below, the issue is largely devoted to addressing the importance of arbitrator disclosure. We strongly encourage all arbitrators to read the newsletter and to heed its message.

Recently, several FINRA awards have been subject to successful motions to vacate because one of thea rbitrators failed to make a disclosure. One of the primary benefits of arbitration - a final and binding award - is jeopardized when awards are vacated because of an arbitrator's failure to make disclosures.

...

Arbitrators who fail to disclose may be subject to permanent removal from the roster. Because arbitrators have a responsibility to do due diligence to ensure that all disclosures are made, excuses will not be tolerated.

For the latest edition of The Neutral Corner, please visit: [FINRA.org]