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Elements of a Fair and Efficient Securities Arbitration System

Abstract

This Article describes a model for a fair and efficient securities arbitration system and evaluates a series of proposals for improvement of the securities arbitration system administered by the National Association of Securities Dealers, Inc. ("NASD") made by the NASD Arbitration Policy Task Force. Elements of a fair and efficient arbitration system include: independent administration; SEC oversight; a sound system for selection of unbiased, experienced arbitrators; special systems designed for simple, standard, and complex arbitration cases; procedural fairness, efficiency, and speed; relatively low costs; available alternative dispute resolution systems; procedures to resolve stale disputes; and fair notice to customers that they are entering into a pre-dispute arbitration agreement.

How to Cite

40 Ariz. L. Rev. 1101 (1998)

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Authors

David S. Ruder (Northwestern University)

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