What is the standard of review in a securities arbitration proceeding?
In a securities arbitration proceeding, the standard of review is a legal standard used to determine whether a ruling was made correctly. It is based on the applicable law and the facts of the case. In Georgia, the standard is known as the “clearly erroneous” standard. This standard requires that the arbitrator must have an adequate reason for the decision and that the decision must be reasonable and supported by the facts of the case. If the arbitrator’s decision is deemed to be “clearly erroneous,” it can be appealed to a higher court. The court will then review the facts of the case and determine whether the arbitrator’s decision was, in fact, incorrect. In this situation, the higher court has the ability to set aside the arbitrator’s decision and either affirm or reverse it. When there is no clear error in the decision, the decision is considered conclusive and the case is considered “arbitrated.” This means the decision is binding and enforceable in a court of law. In conclusion, the standard of review in securities arbitration proceedings in Georgia is the “clearly erroneous” standard. This standard requires that the arbitrator must have a reasonable basis for their decision and that it must be supported by the facts of the case. If the decision is found to be clearly erroneous, it can be appealed to a higher court which can then affirm or reverse it. If there is no clear error, then the decision is binding and enforceable.
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