Arbitration Procedures: Rapid Fire

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What this video covers

  • Why the customer, not the firm, chooses among NFA arbitration, CFTC reparations, and court, and why a member firm cannot refuse a properly filed customer claim
  • The head-to-head distinctions between NFA arbitration (private, arbitrator or panel, essentially final) and CFTC reparations (federal administrative, registrant target only, appealable)
  • Why NFA arbitration awards money to make the customer whole but cannot fine, suspend, or expel a firm, which is a separate disciplinary process
  • What a pre-dispute arbitration agreement does and does not take away: court is waived, CFTC reparations stays open, and the 45-day re-election window after firm notice
  • The two-year filing clocks and their different starting triggers: discovery for NFA arbitration versus accrual for CFTC reparations
  • Why eligible contract participants lose the retail protections and can be required to waive both court and reparations as a condition of doing business
  • The registration suspension hammer that enforces payment of a CFTC reparations award

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