What is the process for appealing a securities arbitration decision?

The process for appealing a securities arbitration decision in North Carolina is not straightforward but is available for those who feel they have been wronged. Firstly, a party who is unsatisfied with the arbitrator’s decision may appeal the decision to the North Carolina Supreme Court within 30 days of the entry of the award. The appellant then has to provide a written notice to the appropriate court that specifies the grounds for appealing the decision. The written notice must include any relevant evidence and legal arguments to support the appeal. The appellant must then file a formal appeal with the court and provide a copy to the other party. The filing fee associated with the appeal must also be paid. Once an appeal is filed, the court will review the arbitrator’s decision, as well as the written notice and any evidence or legal arguments included by the appellant. The court might also decide to hold a hearing or issue a ruling without a hearing. The standard of review applied by the court is a “de novo” standard, which means the court will determine if the arbitrator’s decision was correct. If the court finds that the arbitrator’s decision was not correct, the court will either modify, vacate, or reverse the decision. Additionally, the court may decide to reinstate the arbitration proceedings or remand the case for a new hearing. The final decision of the court is binding and can not be appealed further.

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