How does a securities arbitration decision become final?
In West Virginia, a securities arbitration decision becomes final when both parties to the dispute sign an agreement to accept the decision. This agreement must be in writing and each party must waive their right to appeal the decision. When both parties have signed the agreement, the decision of the arbitrator is binding and cannot be appealed. The agreement between the parties must be filed with the court. Once it is accepted by the court, the decision becomes final. If the agreement is rejected by the court, it is up to the parties to decide whether they want to attempt to appeal the decision or try to negotiate a new agreement. In some cases, an arbitration decision may be set aside due to fraud, misconduct, or other legal grounds. In these cases, the decision can be appealed in court. In most cases, however, the decision of the arbitrator is final and binding and cannot be appealed. In order to ensure that a decision is binding and final, it is important for both parties to negotiate and sign an agreement with the arbitrator that reflects their understanding of the case and the decision of the arbitrator. This way, both parties can be sure that their rights have been protected and that the arbitration decision is final.
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