Tag Archives: FINRA arbitration panel

How to Choose a FINRA Arbitration Panel

By: John F. Fullerton III

This is the first of a series of posts on practice and procedure in employment-related arbitrations before FINRA.  Check back often for future posts, subscribe to The Bellwether, or Follow @bellwetherblog on Twitter so you don’t miss any!

More than one lawyer has been burned by a FINRA arbitration panel that seemed ideal on paper, but then, at the hearing, just did not “get it.”  Conversely, a panel that initially looks troubling sometimes does a great job at the hearing and gets the decision right (i.e., in your favor, of course). And there are plenty of times when the arbitrators perform exactly as their experience and background would lead you to expect.  Is there really any proven method of selecting the “best” arbitrators for an employment-related (industry) case  before FINRA (as opposed to a customer dispute, which we do not address here), or might you just as well hang the list of arbitrators you receive from FINRA on your office wall and throw darts at it?

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