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Arbitration And Finra's Customer Code: A Tailored Approach To When A Forum Selection Clause May Supersede Finra Rule 12200, Peter Giovine
Arbitration And Finra's Customer Code: A Tailored Approach To When A Forum Selection Clause May Supersede Finra Rule 12200, Peter Giovine
Fordham Law Review
This Note examines a circuit split concerning whether forum selection clauses supersede Financial Industry Regulatory Authority (FINRA) Rule 12200, which requires FINRA members to arbitrate customer disputes upon the customer’s request. The U.S. Courts of Appeals for the Second and Ninth Circuits have upheld a waiver of the right to arbitrate even when arbitration is not explicitly mentioned in a forum selection clause. The U.S. Courts of Appeals for the Third and Fourth Circuits, on the other hand, have held that a forum selection clause that does not explicitly mention arbitration does not supersede FINRA Rule 12200. This Note explores …
Catching Up To A New Normal: The Effects Of Shifting Industry Standards On Contract Interpretation, Karen Chen
Catching Up To A New Normal: The Effects Of Shifting Industry Standards On Contract Interpretation, Karen Chen
Fordham Law Review
During the COVID-19 pandemic, industries around the world were forced to adapt to a new way of life dictated by rising public health concerns. The pandemic’s rapid spread left parties struggling to determine whether contractual performance would be excused or reinterpreted. Issues of prevailing industry standards arose and brought into question the point at which parties and courts should define these standards. While some parties argued that industry standards at the time of contract formation are determinative of performance, others claimed that their agreement referenced industry standards that had changed and that, therefore, their performance obligations had changed as well. …