What issues can be addressed in a securities arbitration hearing?
A securities arbitration hearing deals with disputes between investors and their brokers, or disputes between brokerage firms. These hearings may involve any number of issues, such as unsuitable investments, unauthorized trading, fraud, misrepresentation, failure to follow instructions, or any other violation of a financial contract or law. In a securities arbitration hearing, the parties involved can make claims for a variety of remedies. If a violation of the law occurred, the parties can request compensatory and punitive damages, or other remedies as determined under North Dakota securities law. If a violation is found, the parties have the option of recovering lost profits, compensatory damages, and reimbursement of attorney’s fees. Punitive damages may also be assessed in order to punish the violating party. When a violation of a brokerage firm’s contract is found, the parties can request reimbursement of the cost of their investment, along with lost profits, and other remedies as allowed under the contract. If a broker-client relationship is found to have been violated, the parties can request the rescission of the contract or the payment of damages. In addition to monetary remedies, a securities arbitration hearing can also order an apology from the breaching party or the enforcement of specific performance, which requires one party to perform the duties outlined in the contract. Securities arbitration hearings in North Dakota are conducted by binding arbitration, which means that the parties involved are bound to the decisions of the arbitrator. This can mean that an award is imposed on one of the parties, such as an award of damages or some other form of remedy.
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