The Statement of Claim is a document you compose that provides the following: Name(s) of the claimant(s) — who is filing the claim. Name(s) of the respondent(s) — whom the claim is against. Details of the dispute.
Any type of dispute, claim, or controversy arising out of business dealings with any FINRA member brokerage firm can be resolved in mediation or arbitration. Arbitration is a method of having a dispute between two or more parties resolved by impartial persons.
Disputes relating to rights and liabilities which arise out of or give rise to criminal offences. Matters of guardianship. Matrimonial disputes such as divorce, judicial separation, restitution of conjugal rights and child custody. Winding up and insolvency.
FINRA cannot offer legal advice or legal representation to anyone. Parties can file an arbitration claim or request mediation when there is a dispute involving the business activities of a brokerage firm or an associated person, including claims by investors and disputes involving employee compensation or termination.
The rule does not extend applicable statutes of limitations; nor shall the six-year time limit on the submission of claims apply to any claim that is directed to arbitration by a court of competent jurisdiction upon request of a member or associated person.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
For example, most criminal, family, matrimonial, and labor disputes can't be settled by arbitration. Instead, as in the case of a criminal dispute, the prosecuting authority would compel the defendant to appear in court with the force of law.
The court in Duffield ruled that the Civil Rights Act of 1991 prohibits the enforcement of mandatory employment agreements to arbitrate claims under Title VII of the Civil Rights Act of 1964 or equivalent state anti-discrimination statutes like the California Fair Employment and Housing Act (“FEHA”).
Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.