How are the costs of securities arbitration disputes divided?
When securities arbitration disputes occur in Tennessee, the costs of the dispute are typically shared by the parties involved. Depending on the outcome of the arbitration, one party may be liable for all or some of the costs. The Tennessee Securities Division is the designated Administrative Agent for settlement of disputes between investors and their brokers and dealers in the state. The Arbitration Program is funded by filing fees and assessments collected by the Tennessee Securities Commissioner from broker-dealers and from investor claimants. The costs of the arbitration process may include filing fees, witness fees, and other costs associated with hiring experts, preparing records and documents, researching the facts and legal issues, and other administrative costs. Each party is typically responsible for its own legal fees and costs associated with the arbitration. In most cases, the fees associated with the arbitration, such as filing fees, witness fees, and other costs, will be divided equally between the two parties. The process of determining the division of the costs is based on the rules of the arbitration program and the discretion of the arbitrator. In addition, if the case has a favorable outcome for either party, that party may be awarded reimbursement of some or all of their fees and costs associated with the arbitration. This decision is left to the discretion of the arbitrator. In conclusion, the costs of a securities arbitration dispute in Tennessee are typically shared by the two parties involved. The specifics of the division of the costs will vary depending on the rules of the arbitration program and the discretion of the arbitrator.
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