Recent FINRA arbitration decisions impose unworkable obstacles to resolving investor disputes and needlessly protract, delay, and hinder attempts by FINRA to enforce fair industry practices. FINRA arbitrability decisions now employ a unique second class interpretative model when compared to all other arbitration analysis. Recent decisions not only create an analytical divergence in determining issues of arbitrability between FINRA and non-FINRA arbitration disputes, but also harm investors by limiting their rightful option of arbitration and the enhanced protections for investors afforded under the FINRA Rules.
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