Which of the following statements regarding FINRA arbitration is true?
A.
FINRA ultimately decides the arbitration award.
B.
Documents submitted for arbitration are a matter of public record.
C.
A FINRA arbitration award is a recommendation and is not final or binding.
D.
Going through FINRA arbitration precludes a claimant from pursuing the same claim in court.
The Answer Is:
D
This question includes an explanation.
Explanation:
FINRA arbitration is a binding dispute resolution process. Once a claim is resolved through arbitration, the claimant generally cannot pursue the same claim again in court. Choice D is correct because arbitration awards are final and binding, subject only to very limited judicial review. Choice A is incorrect because FINRA administers the arbitration forum, but the arbitrator or arbitration panel decides the award. FINRA itself does not decide the merits of the dispute. Choice B is incorrect because arbitration filings and documents are not generally treated the same as public court records. Choice C is incorrect because an arbitration award is not merely a recommendation; it is binding on the parties. The SIE outline identifies arbitration disclosure requirements, Form U4 obligations, customer complaints, and dispute-resolution-related obligations as part of the regulatory framework for associated persons and firms. The arbitration agreement is especially important because registered persons commonly agree through Form U4 to arbitrate certain disputes. Reference: Overview of Regulatory Framework; Employee Conduct; Arbitration Disclosure to Associated Persons Signing or Acknowledging Form U4.
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