Do securities arbitration decisions become public records?
In New Hampshire, securities arbitration decisions do not become public records. Generally, the arbitration process is meant to be confidential. This means that the specific details of the proceedings and the decision are not open to the public. The only information that would be available publicly would be if the process was taken to court and the court decision was made public. The same would apply if an award was made by an arbitration panel. A key element of securities arbitration is the privacy that is afforded to the parties involved. This helps to ensure that the process is fair and that the participants are not concerned about their reputations or the impact that a decision would have on their business or career. It also ensures that nobody is pressured by outside forces in making a decision. Ultimately, this provides an environment that is as impartial as possible. Securities arbitration is meant to be a fair and private process. As such, decisions resulting from the process do not become public records. The only exception would be if a court decision was made as a result of the arbitration, or an award was made by an arbitration panel. In any other case, the arbitration hearing and resulting decision would remain confidential.
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