What evidence is needed to prove a securities arbitration claim?
In order to prove a securities arbitration claim in Kansas, the claimant must provide evidence that there exists a valid and enforceable contract between them and the other party, and that there has been an act of fraud, negligence, or misconduct committed by the other party. This evidence may come in many forms, such as emails, contracts, bank statements, or any other written material documenting the transaction. For example, an email correspondence between the claimant and the other party may serve as evidence of a breach of contract, while a contract may be used to prove the agreement between the two parties. Furthermore, the claimant may also provide evidence of financial losses due to the act of fraud, negligence, or misconduct committed by the other party. This may include bank statements documenting the losses incurred or tax documents showing the impact the claim had on the claimant’s finances. This evidence is important because it allows the arbitration panel to determine how much compensation the claimant is owed. Lastly, the claimant must demonstrate that they made a reasonable effort to resolve the dispute on their own. This could include evidence such as emails or letters sent to the other party outlining the dispute and seeking a solution. The claimant must also provide the arbitration panel with evidence of any attempts at mediation or other non-legal methods of dispute resolution. By providing evidence of these attempts, the claimant shows that they made a good faith effort to settle the dispute and that legal action was necessary.
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