Is there a right to a jury trial in a securities arbitration case?

In North Carolina, the answer to the question of whether there is a right to a jury trial in a securities arbitration case is no. Generally, securities arbitration is a means of dispute resolution in which the parties agree to resolve their dispute through arbitration. Arbitration is a form of alternative dispute resolution in which a neutral, third-party arbitrator or panel of arbitrators hears both sides of the case and renders a decision. In comparison to proceedings in a court of law, there is no right to jury trial in a securities arbitration. Instead, the arbitrator or arbitrators will decide the outcome of the case, as determined by the applicable law, based on the evidence presented at the arbitration hearing. Further, the outcome of a securities arbitration is not subject to appeal or review unless the party seeking review can establish that the arbitrator or arbitrators violated a specific rule of law or committed a specific error. If such a violation or error is found, then the decision may be overturned. However, it is important to bear in mind that the decision of an arbitrator cannot be challenged simply because a party disagrees with the outcome or believes the arbitrator made an incorrect decision. In such cases, the decision of the arbitrator is generally final and binding.

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