The Claimant initiates the arbitration proceeding by filing
the Statement of Claim and Uniform Submission Agreement.
The Statement of Claim should be in narrative form, setting
forth in a clear and concise manner, all relevant facts.
Important documents which verify the allegations of the
Statement of Claim should be attached. In a simplified
arbitration matter, the Statement of Claim may represent
the Claimant's only opportunity to tell his story and make
his case. Hearings in simplified cases are extremely rare,
and although a Claimant may reply to Respondent's Answer,
the case is won or lost based upon the Statement of Claim.
Together with the Statement of Claim, the Claimant will
file an Information Statement and a Uniform Submission
Agreement. Arbitration is a voluntary procedure and both
Claimant and Respondent must certify that they are willing
to submit to the arbitration.
The SRO at which the Statement of Claim is filed will
arrange for service of the claim upon the Respondents.
Service upon a brokerage house will generally be to its
general counsel or an individual previously designated
for receipt of service. Individual respondents are served
at addresses provided by the Claimant.
The Respondent's Answer is due twenty business days after
receipt. Respondents may seek an extension of time within
which to answer from the Director of Arbitration. Answers
should be complete and specific and should set forth all
available defenses. Cross-Claims, Counterclaims and Third
Party Claims are permitted in arbitration and must be submitted
with the Answer. The responding party will be required
to respond to the Cross-Claim, Counterclaim or Third Party
Claim within ten business days of receipt.
Simplified arbitrations may be heard by a single arbitrator
selected by the SRO. Prior to sending the documents on
file to the arbitrator, the parties will be presented with
the name and background information of the selected arbitrators.
The SROs will have predetermined conflicts and will usually
have eliminated any arbitrator who may have a conflict
prior to giving notice of appointment to the parties. Nevertheless,
any panel member may be stricken for cause at any time.
Each side shall have one peremptory challenge, meaning
that all Respondents, as a unit, have one challenge if
there is more than one Respondent. Timing is important,
since a party wishing to exercise a peremptory strike must
do so notifying the Director of Arbitration in writing
within five business days of notification of the identity
of the arbitrator appointed. The period of time within
which to strike an arbitrator may be extended by a party's
request to review the arbitrator's previous awards, if
any, within the five day period. Reviewing prior awards
may provide parties with the opportunity to observe how
the arbitrator has ruled on similar issues in the past.
In a simplified arbitration proceeding, there is rarely
a hearing although an arbitrator may call for a hearing
if he or she is unable to reach a decision based upon the
documents. In most cases, the matter is determined based
upon the documents filed. No contact is permitted between
the parties and the arbitrator. Any supplemental documents
to be filed must be provided to the arbitrator through
the SRO. After the final selection of the arbitrator, the
SRO will forward to him or her all of the appropriate documents.
The arbitrator will review all of the documents and render
a decision.
The arbitrator will advise the SRO of the decision and
the SRO staff will prepare the award and forward it to
the arbitrator(s) for signature. Once the SRO receives
the signed award, it will be forwarded to the parties.
The award will not be made available to any party until
received by a party from the SRO.