What is Arbitration in Stock Exchanges?
Arbitration in stock exchanges is a commonly used alternative dispute resolution mechanism that provides a way for resolving disputes between trading members and their clients related to trades carried out on the exchange. This mechanism is generally preferred by parties who do not want to engage in time-consuming and expensive court proceedings.
What is Arbitration in Stock Exchanges?
Arbitration in stock exchanges is a process of resolving disputes between the trading members and their clients in connection with trades done on the exchange. It involves the appointment of an independent and impartial third party, called an arbitrator, who listens to both sides of the dispute and makes a final, binding decision.
Arbitration in stock exchanges is different from litigation, as the parties involved have greater control over the process. They can choose an arbitrator who has expertise in the securities industry, which is not always possible in court proceedings. Moreover, arbitration is generally faster and less expensive than court proceedings.
Why is Arbitration in Stock Exchanges Important?
Arbitration in stock exchanges is important because it provides a fair and efficient way to resolve disputes in the securities industry. It allows parties to avoid lengthy court proceedings and helps to maintain confidentiality. Arbitration decisions are final and binding, which means that parties can move on from the dispute without the risk of further legal action.
Types of Disputes Handled through Arbitration in Stock Exchanges
Arbitration in stock exchanges can cover a wide range of disputes, including disputes over trades executed on the exchange, disputes over the execution of orders, allegations of fraud, misrepresentation, or other misconduct, and other disputes arising from the business of the exchange.
For instance, disputes over the sale or purchase of securities, the execution of trades, errors in trade confirmations, and other issues related to securities trading can be resolved through arbitration in stock exchanges. Similarly, allegations of fraud, misrepresentation, or other types of misconduct in the securities industry can also be handled through arbitration.
The Role of Stock Exchanges in Arbitration
Stock exchanges play a vital role in the arbitration process. They provide a forum for resolving disputes between the parties involved in the securities industry. The exchange typically has a panel of arbitrators who are experienced in resolving disputes in the securities industry. The parties can select an arbitrator from this panel or agree to appoint an independent arbitrator.
In the United States, the Financial Industry Regulatory Authority (FINRA) is the primary organization that provides arbitration services for disputes arising from the securities industry. FINRA operates a comprehensive dispute resolution program that includes both mediation and arbitration. Other countries may have similar organizations that provide arbitration services for disputes arising from their securities industry.
As of 2023, there is no body for financial arbitration in India. Financial arbitrations in India are adjudicated by retired judges
