What is the standard of proof used in securities arbitration?
In North Carolina, the standard of proof used in securities arbitration is the preponderance of the evidence. This means that a party to the arbitration must be able to show that it is more likely than not that its position is true. This means that the party must present evidence that is convincing enough to persuade the arbitrator that its position is correct. The preponderance of the evidence standard is the correct standard of proof in North Carolina, because it ensures that parties in securities arbitration receive fair consideration of their claims. This standard requires parties to present enough evidence to prove their case, but it also allows the arbitrator to consider the totality of the evidence and arrive at a sensible and fair decision. To meet the preponderance of evidence standard, a party must provide evidence that is credible, relevant, and material to the case. This evidence should be weighed carefully by the arbitrator in order to decide which party has the stronger claim. The arbitrator’s decision should be based on the evidence presented and his or her professional judgement. The preponderance of the evidence standard is used in securities arbitration cases to ensure that decisions are based on a fair review of the evidence. This standard is important for protecting the rights of parties in securities arbitrations, and it helps maintain the integrity of North Carolina’s securities arbitration process.
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