Are there any restrictions on the arbitrators who can handle a securities arbitration case?
Yes, there are restrictions on the arbitrators who can handle a securities arbitration case. In South Carolina, the arbitration process must be administered by the American Arbitration Association (AAA). The AAA has its own set of rules and regulations that arbitrators must abide by. In order to serve as an arbitrator in a securities arbitration case, the arbitrator must be certified by the Financial Industry Regulatory Authority (FINRA). Arbitrators must have experience as a financial professional, such as a stockbroker, financial planner, accountant, or lawyer. FINRA requires that arbitrators have a minimum of five years experience in the securities industry in order to qualify. An arbitrator must also have a thorough knowledge of securities law and be able to interpret the rules and regulations that govern the arbitration process. FINRA requires that arbitrators have a working knowledge of the applicable state laws and federal regulations that affect the case. It is also important that an arbitrator be impartial, honest, and fair in their decision making. FINRA also requires that arbitrators must be licensed by their respective state regulatory authority. In South Carolina, this is the South Carolina Securities Commissioner, which licenses securities arbitrators for cases involving state-registered investment advisors and broker-dealers. In summary, in order to serve as an arbitrator for a securities case in South Carolina, the arbitrator must be certified by FINRA and licensed by the South Carolina Securities Commissioner. The arbitrator must also have experience as a financial professional and a comprehensive knowledge of securities law.
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