What is the standard of proof used in securities arbitration?

The standard of proof used in securities arbitration in Kansas is known as the “preponderance of the evidence” standard. This means that it must be proven that it is more likely than not that the claim is true. The arbitrator must determine if the claimant has provided more convincing evidence in favor of their position than the respondent has provided in opposition. The standard of proof is important in securities arbitration because there is no jury. The burden of proof lies solely with the claimant and his or her evidence. The claimant is also responsible for the production of evidence, so he or she must demonstrate that the facts support their legal position. The arbitrator will then apply the facts to the law to reach a decision. The evidence presented in arbitration hearings is typically documentary or testimonial. Documentary evidence consists of physical evidence such as contracts, bills, emails, and other documents. Testimonial evidence consists of verbal testimony from witnesses or expert witnesses to prove a fact or support a legal argument. Under the preponderance of the evidence standard, the claimant’s evidence does not need to be more convincing than the respondent’s. It merely has to be more convincing than the respondent’s. As such, the claimant must present a sufficient level of evidence to convince the arbitrator that their claim is more likely true than false.

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What is the standard of proof used in securities arbitration?

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