Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Dodd-Frank (2)
- FINRA (2)
- Financial Industry Regulatory Authority (2)
- SEC (2)
- SRO (2)
-
- Securities and Exchange Commission (2)
- Self-regulatory organization (2)
- Advisers Act (1)
- Amendments (1)
- Arbitration (1)
- Benefits plan (1)
- Broker-dealer (1)
- Broker-dealers (1)
- Brokerage firms (1)
- CPA (1)
- Certified Public Accountant (1)
- Circuit Split; Arbitration; Discovery; Commerce; Commercial Arbitration; Supreme Court; International Law; Dispute Resolution; Federal Courts (1)
- Circuit split (1)
- Conflicts of interest (1)
- Congress (1)
- Contracts (1)
- Customers (1)
- DOL (1)
- Dispute resolution (1)
- Duty (1)
- Enforcement. (1)
- Exchange (1)
- FAA (1)
- Federal Arbitration Act (1)
- Fiduciary (1)
Articles 1 - 3 of 3
Full-Text Articles in Dispute Resolution and Arbitration
Limiting 28 U.S.C. § 1782: A Changed Landscape For Discovery In Private Commercial Arbitration Abroad, Jazmyne R. Barto
Limiting 28 U.S.C. § 1782: A Changed Landscape For Discovery In Private Commercial Arbitration Abroad, Jazmyne R. Barto
Brooklyn Journal of Corporate, Financial & Commercial Law
For decades 28 U.S.C. § 1782 has been used by foreign entities looking to compel discovery in the United States for use in commercial arbitration proceedings abroad. Despite the statute being in force since 1948, many federal courts were unsure of whether § 1782 could actually be used in international private commercial arbitration. The Supreme Court tried and failed to clarify the statute’s scope in 2004, leading to a circuit court split as to §1782’s applicability. Looking to end the controversy once and for all, during the Summer of 2022, the Supreme Court clearly stated that § 1782 might not …
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
Seventy-five years after its enactment the Investment Advisers Act of 1940 has advanced from a relatively weak statute merely registering advisers with the Securities and Exchange Commission (SEC) to a more robust law imposing fiduciary responsibilities on advisers. Over the years, the number of investment advisers and the number of their clients have increased greatly. The SEC therefore has been pressured by Congress to develop a harmonized fiduciary standard for broker-dealers and advisers and also to develop and enforce a greater degree of oversight over the advisory industry. These developments have raised the questions of how to fund such efforts …
The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross
The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross
Brooklyn Journal of Corporate, Financial & Commercial Law
Arbitration has been the predominant form of dispute resolution in the securities industry since the 1980s. Virtually all brokerage firms include predispute arbitration agreements (PDAAs) in their retail customer contracts, and have successfully fought off challenges to their validity. Additionally, the industry has long mandated that firms submit to arbitration at the demand of a customer, even in the absence of a PDAA.
More recently, however, brokerage firms have been arguing that forum selection clauses in their agreements with sophisticated customers (such as institutional investors and issuers) supersede firms’ duty to arbitrate under FINRA Rule 12200. Circuit courts currently are …