What is the standard of review in a securities arbitration proceeding?

The standard of review in a securities arbitration proceeding in Tennessee is known as the "de novo" standard. This means that the arbitrator must review the case de novo, which is a Latin phrase meaning "from the beginning." Under this standard, the arbitrator makes a completely new determination of the facts and legal issues in the case, without giving any deference to the decisions made in any previous proceedings. This ensures that the case is decided on its own merits. In addition to the de novo standard, Tennessee has adopted the "preponderance of the evidence" standard. This means that the burden of proof is on the party bringing the case, who must prove their case by a preponderance of the evidence, meaning that the evidence presented must be more likely to be true than not. By using this standard, the arbitrator is able to evaluate the facts of the case and the applicable law in order to render a decision that is fair and equitable to both parties. Finally, the arbitrator in a securities arbitration proceeding in Tennessee must also apply the United States Federal Rules of Evidence, which outlines the ways in which evidence may be presented and admitted during the proceedings. This ensures that the evidence presented is admissible, and that it is relevant to the case. Ultimately, the standard of review in a securities arbitration proceeding in Tennessee is intended to ensure that the parties involved in a dispute receive an equitable and fair decision in accordance with the law.

What is the standard of review in a securities arbitration proceeding?

Related FAQs

Related Blog Posts