Are there any special considerations for securities arbitration?
Yes, there are some special considerations for securities arbitration when it comes to South Dakota law. Securities arbitration is the process by which disputes involving the sale or purchase of securities are settled outside of court. This type of arbitration is often used to settle claims when a financial advisor or brokerage firm has acted improperly in its dealings with a customer. In South Dakota, all securities arbitration must be conducted by a FINRA arbitration panel. The panel will consist of a single neutral arbitrator or a panel composed of three arbitrators, depending upon the dispute. The arbitration panel will then hear both sides of the dispute and make a ruling. It is important to note that although arbitration is generally cheaper and quicker than going to court, it is still a legally binding process so the results of the arbitration can be significantly binding on both parties. Additionally, securities arbitration is subject to the South Dakota Rules of Civil Procedure, which must be followed. As with all arbitration related matters, it is important that consumers understand their rights when engaging in securities arbitration. It is advisable to discuss the matter with an experienced attorney who can provide advice and guidance on the process.
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