Originally from Securities Arbitration: Practice and Forms - Fourth Edition – Preview Page

SCOPE NOTE 

At the conclusion of an arbitration hearing, the arbitrators will deliberate and come to a decision based upon the evidence that has been submitted, the parties’ testimony, and the panel’s discussion of the foregoing. While the rules of the various organizations that sponsor securities arbitration provide some guidance to arbitral panels, the deliberation process and the content of the award are very much within the arbitrators’ discretion. As opinions are not required and, consequently, are very rarely rendered, it is often difficult to identify the process by which a panel reached a particular decision. This chapter describes the decisional process and the nature of an award in a securities arbitration. 

Section 10.01 describes the deliberative process. Section 10.02 discusses the award itself, both form and content, and Section 10.03 explains when awards may be publicly available. Sections 10.04 and 10.05 analyze the res judicata, collateral estoppel, and the precedential effect of arbitration awards. Section 10.06 discusses post-award contact with the arbitrators. 

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SYNOPSIS 

§ 10.01    The Deliberative Process 

[1]    Requesting a Written Opinion 

[2]    Deliberations 

[3]    Ethical Considerations 

[4]    Decisions by Majority 

[5]    The Decision Process 

[a]    Multiple Hearing Sessions 

[b]    Who Decides 

[c]    How Decisions Are Made