What happens if the parties to a securities arbitration case do not agree to a settlement?
If the parties to a securities arbitration case in California do not agree to a settlement, the case will go to a hearing. During the hearing, both sides will present evidence and testimony to an arbitrator or panel of arbitrators. After hearing the evidence, the arbitrator or arbitration panel will make a decision on the case. This decision is called an “award.” The award could be in favor of either party or a compromise that splits the difference between their positions. If one of the parties objects to the award, they may appeal the decision. Appeals are typically heard by a court. The court may require additional evidence or testimony in this situation. Ultimately, the court will decide whether or not to uphold the award. If the court finds errors in the decision and overturns the award, the case may be sent back to the arbitrator for further consideration and a new decision. After the award has been issued or the court has issued a decision on an appeal, the parties are generally required to comply with the decision. This may mean that one of the parties must pay the other compensation or fulfill a contractual obligation. If a party fails to comply with the award, the other party can take legal action to enforce the order.
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