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Faster Justice: FINRA Aims to Further Shorten Arbitrations for Seriously Ill and Elderly Parties Through New Rule Proposal

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Updated on: March 17, 2022

On March 16, 2022, FINRA issued Regulatory Notice 22-09 in which the self-regulatory organization sought comments on its proposed rule to accelerate FINRA arbitration proceedings for seriously ill or elderly parties.

What are FINRA Accelerated Arbitration Proceedings?

FINRA currently offers expedited arbitration proceedings for Claimants with serious health conditions or who are at least 65 years old. The voluntary program allegedly accelerates case-related tasks that FINRA can control, such as scheduling and other components.

However, FINRA recently admitted in its Regulatory Notice that the accelerated path currently available for eligible Claimants did not result in meaningfully shortened case processing time, and the self-regulatory organization is now seeking comment on a proposal to solve this problem.

What is the Proposal to Speed Up FINRA’s Accelerated Arbitration Program?

FINRA proposes adding a new rule that would permit any party to request accelerated processing of an arbitration proceeding under one of the following circumstances:

  1. They are at least 75 years old; or
  2. Certify that they have received a medical diagnosis and prognosis, and that based on that information they have a reasonable belief that accelerated processing is necessary to prevent prejudicing their interest in the arbitration.

How Will FINRA Arbitrations Be Faster Through the Proposed Program?

FINRA listed 6 areas where timeframes would be shortened under the new rule:

  • Turnaround Time. Panels will aim to render an award within 10 months or less. To meet the goal, panels will set discovery, briefing and motions deadlines, and schedule hearing session dates consistent with this focus.
  • Serving an Answer. The deadline to provide an answer to a statement of claim will be reduced from 45 to 30 days.
  • Responding to a Third-Party Claim. The deadline to provide a response to a third-party claim will be reduced from 45 to 30 days.
  • Completing Arbitrator Lists. The deadline for parties to return the ranked arbitrator lists to FINRA staff will be shortened from 20 days to 10 days.
  • Discovery in Customer Cases. The deadline for parties to produce Discovery Production Lists will be reduced from within 60 days of the date of the date that the answer to the statement of claim is due to now 35 days.
  • Other Discovery Requests. Under current FINRA rules, parties must respond within 60 days of receipt to requests for other documents or information. The new rule would shorten this deadline to 30 days.

Why Did FINRA Propose a 75-Year-Old Age Requirement for its Rule Proposal?

FINRA states in its Regulatory Notice that the 75-year-old age requirement’s purpose is to focus on those parties who are most likely to need acceleration. Claimants in this age bracket are more likely to become unable to participate in a hearing after a claim is filed than those who are 65 or older, as demonstrated by published rates of adverse health conditions and mortality.

Why is FINRA Proposing a Medical Diagnosis and Prognosis Requirement for the New Program?

FINRA explains in its Regulatory Notice that its medical diagnosis and prognosis requirement aims to balance individual privacy concerns and the potential for abuse of the FINRA arbitration process. Under the proposed rule, Claimants would have to provide a certification on a form provided by FINRA, which would be notarized and submitted when initiating the arbitration or filing the answer.

About KlaymanToskes

KlaymanToskes is a leading national securities law firm practicing exclusively in the field of securities arbitration on behalf of retail and institutional investors throughout the world in large and complex securities matters. KlaymanToskes has recovered more than $230 million for investors in FINRA arbitrations. KlaymanToskes has office locations in California, Florida, New York, and Puerto Rico.