What types of legal issues can be addressed through securities arbitration?
Securities arbitration is a type of dispute resolution used to address legal issues involving investments. It is a process in which an independent arbitrator or panel of arbitrators (also known as an arbitration tribunal) hears both parties’ arguments and renders a decision. Securities arbitration is regulated by the California Uniform Securities Act (CUSA), which creates a set of procedures and rules applicable to investment disputes in California. The most common types of legal issues that can be addressed through securities arbitration include fraud, breach of contract, misrepresentation, negligent advice, and other disputes relating to the purchase or sale of securities. In some cases, the issue may involve a dispute over fees charged by a financial adviser. Arbitration is especially beneficial when the parties reside in different states and cannot agree on a court to hear the case. In addition, claims of negligence, intentional torts, and other disputes arising out of the failure to perform services related to the purchase or sale of securities can be addressed through arbitration. Cases involving bankruptcy, estate law, and class action claims may also be eligible for arbitration. One aspect of California securities arbitration law is that the parties can agree to waive the right to a trial before a judge and jury and instead choose to settle their dispute through arbitration. This is known as voluntary or “pre-dispute” arbitration and provides a quicker and less expensive alternative to litigation. Moreover, both parties can mutually agree to the outcome of the arbitration, making it a more efficient and less contentious process.
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