Regulation

FINRA Rule Filings to Amend NASD Code of Arbitration

Pursuant to BATS Exchange Rule 9.1, "[t]he 12000 and 13000 Series of FINRA's NASD Manual, the NASD Code of Arbitration Procedure for Customer and Industry Disputes, respectively ("NASD Code of Arbitration"), as the same may be in effect from time to time, shall govern Exchange Arbitrations except as may be specified in . . . Chapter IX. For purposes of Exchange arbitrations, defined terms used in . . . Chapter IX and not otherwise defined . . . [in Chapter IX] shall have the same meaning as those prescribed in the NASD Code of Arbitration, and procedures contained in the NASD Code of Arbitration shall have the same application as toward Exchange arbitrations."

As a result of BATS Exchange Rule 9.1, changes to the NASD Code of Arbitration could have an impact on arbitrations conducted under the BATS Exchange rules. Accordingly, below are links to pending FINRA rule filings with the SEC seeking to amend the NASD Code of Arbitration as well as any SEC orders approving or disapproving those FINRA rule filings.

  • SR-FINRA-2010-035

  • Proposed Rule Change to Amend the Discovery Guide and to Make Other Conforming Changes to Rules in the Arbitration Codes

  • SR-FINRA-2010-036

  • Proposed Rule Change to Amend the Arbitration Codes to Permit Arbitrators to Make Referrals During an Arbitration Proceeding

  • Text of Proposed Rule Change

  • The Financial Industry Regulatory Authority, Inc. (FINRA) is filing with the Securities and Exchange Commission (SEC or Commission) a proposed rule change to amend FINRA Rules 12403 and 12404 of the Code of Arbitration Procedure for Customer Disputes (Customer Code) and Rules 13403 and 13404 of the Code of Arbitration Procedure for Industry Disputes (Industry Code) to increase the number of arbitrators on each list generated by the Neutral list Selection System. Approval Order

  • Text of Proposed Rule Change

  • The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend Rule 12602 of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and Rule 13602 of the Code of Arbitration Procedure for Industry Disputes ("Industry Code") (together, "Codes") to provide that a non-party witness may be represented by an attorney at an arbitration hearing while the witness is testifying. Approval Order

  • Text of Proposed Rule Change

  • Proposed Rule Changes to Amend Rules 12307 and 13307 of the Customer and Industry Codes to Clarify the Date of Filing of an Arbitration Claim Once a Deficiency is Corrected Approval Order

  • Text of Proposed Rule Change

  • Proposed Rule Change to Amend Rules 12213 and 13213 of the Customer and Industry Codes to Expand the Criteria for Selecting a Hearing Location for an Arbitration Proceeding Approval Order

  • Text of Proposed Rule Change

  • Proposed Rule Change to Amend the Definition of "Associated Person," Streamline a Case Administration Procedure, and Clarify that Customers Could be Assessed Hearing Fees Based on Their Own Claims for Relief in Connection with an Industry Claim. Approval Order

  • Text of Proposed Rule Change

  • The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend various rules of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and the Code of Arbitration Procedure for Industry Disputes ("Industry Code") (collectively "Codes") to correct typographical errors and implement other non-substantive technical changes. Notice of Filing and Immediate Effectiveness

  • Text of Proposed Rule Change

  • The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to: adopt Rule 13806 of the Code of Arbitration Procedure for Industry Disputes ("Industry Code") to establish procedures to expedite the administration of promissory note cases; and amend Rules 13214 and 13600 of the Industry Code to make conforming changes.Approval Order

  • Text of Proposed Rule Change

  • The Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend Rules 12206 and 13206 of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and the Code of Arbitration Procedure for Industry Disputes ("Industry Code"), respectively, to clarify that the rules toll the applicable statutes of limitation when a person files an arbitration claim with FINRA. Approval Order

  • Text of Proposed Rule Change

  • Proposed Rule Change to Amend Rules 12214, 12514 and 12904 of the Code of Arbitration Procedure for Customer Disputes and Rules 13214, 13514 and 13904 of the Code of Arbitration Procedure for Industry Disputes to Require Arbitrators to Provide an Explained Decision upon the Joint Request of the Parties. Approval Order

  • Text of Proposed Rule Change

  • Proposed Rule Change to Amend Rule 12401 of the Customer Code and Rule 13401 of the Industry Code to Raise the Amount in Controversy Heard by a Single Chair-qualified Arbitrator to $100,000. Approval Order

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