What is the standard of review in a securities arbitration proceeding?
The standard of review in a securities arbitration proceeding is the amount of scrutiny that the arbitrator applies to evaluating the evidence. The aim of the review is to ensure that a fair and reasonable decision is made. In Washington, the standard of review is known as an “abuse of discretion” standard. This means that the arbitrator must evaluate the evidence and make a decision that is reasonable, given all the facts. This standard is higher than in other civil proceedings, as the arbitrator must carefully consider the arguments presented and assess any evidence that is submitted. The arbitrator is expected to review the evidence with a reasonable and unbiased attitude. They must make sure that the parties involved are given an opportunity to present their arguments and that their submissions are given due consideration. The arbitrator must also make sure that the decision is based on the evidence presented and the legal arguments that were made. The arbitrator is also expected to provide a clear and concise explanation for their decision. This will be included in the award, which is a formal document that outlines the decision of the arbitrator. The standard of review in a securities arbitration proceeding is an important protection for both parties to the dispute. This ensures that the arbitrator carefully evaluates the evidence and safeguards the parties’ rights by making the outcome of the arbitration as fair as possible.
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