What is the standard of proof used in securities arbitration?

The standard of proof used in securities arbitration in Alaska is the “preponderance of the evidence” standard. This means that the arbitrator must determine that the facts presented by one of the parties are “more likely than not” to be true. In other words, the arbitrator must determine which party’s version of events is more credible than the other’s. The preponderance of the evidence standard is different from the “beyond a reasonable doubt” standard, which is used in criminal cases. It is also different from the “clear and convincing evidence” standard, which is used in some civil cases. The preponderance of the evidence standard is generally seen as more lenient than the other two standards. Instead of requiring that the evidence presented by one party must be without doubt or suspicion of error, it only requires that the facts are more likely than not to be true. This makes the standard of proof in securities arbitration more accessible for both parties. This allows for a more even playing field for both parties, and generally leads to a resolution that is fair to both sides of the dispute.

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What is the standard of proof used in securities arbitration?

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