Are there any legal defenses that can be used in securities arbitration cases?
Yes, there are several legal defenses that can be used in securities arbitration cases in Indiana. The most common defense is known as the “statute of limitations.” This defense applies if the dispute was not brought to the attention of the arbitrator within a certain period of time and the claim is barred. Another defense is known as “estoppel.” This defense applies when a party is prevented from pursuing a claim due to their own actions. This could include agreeing to an arbitration clause, signing a contract, or making certain statements that led the other party to believe that the claim was waived. The defense of “waiver” may also be available in securities arbitration cases in Indiana. Waiver is a defense that can be used when one party intentionally waives their right to dispute a claim. This waiver may have been in the form of an agreement, settlement, or other document. The defense of “res judicata” may also be available in securities arbitration cases in Indiana. Res judicata applies when a court or arbitration panel has already ruled on a matter. This means that a party cannot pursue a claim if the matter has already been decided. Finally, the defense of “unclean hands” may be applicable in securities arbitration cases in Indiana. This defense applies when one party has acted improperly in regards to the dispute. This could include breaching a contract, making misrepresentations, or engaging in other types of unethical behavior.
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