SIFMA defends mandatory-arbitration system

NEW YORK — As some U.S. senators find fault with the arbitration system that resolves client disputes with broker-dealers, the brokerage industry’s largest trade group is defending the process.
MAY 14, 2007
By  Bloomberg
NEW YORK — As some U.S. senators find fault with the arbitration system that resolves client disputes with broker-dealers, the brokerage industry’s largest trade group is defending the process. In a May 4 letter to Securities and Exchange Commission Chairman Christopher Cox, Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., and committee member Russell Feingold, D-Wis., asked the SEC to ban mandatory arbitration “in fulfillment of its statutory duty to protect individual investors.” The two senators want to change the legal process for investors and broker-dealers, arguing that it is wrong to force investors into arbitration and that they should have greater choice in resolving legal disputes. But last Tuesday, an official with the Securities Industry and Financial Markets Association of New York and Washington defended the system, though he conceded that it has evolved over the years. Arbitration has gotten to be so much like traditional court litigation that the industry may lose interest in keeping disputes in arbitration, SIFMA general counsel Ira Hammerman said at the annual public-policy conference held in Washington by the North American Securities Administrators Association Inc. of Washington. “Arbitration is not perfect,” Mr. Hammerman said, but it is a more efficient way for customers to voice their claims. Most investors sign agreements requiring them to take disputes to NASD’s arbitration system. At the NASAA meeting, another Senate Banking Committee member wholeheartedly agreed with his two colleagues. “We’ve got to make sure that those who are seeking real redress have that opportunity to do that,” said Sen. Robert Casey, D-Pa. “Today I’m joining [Mr. Leahy and Mr. Feingold] in that call,” he said. “That was the right thing to do.” Broker-dealers essentially force clients into selecting arbitration, Mr. Leahy and Mr. Feingold wrote in the letter to Mr. Cox. “The SEC should act to require that brokers allow investors to have an actual choice between the courts and arbitration, thereby restoring the element of voluntariness assumed by the court,” they wrote. Although Mr. Leahy and Mr. Feingold are looking for change in securities arbitration, they recognize its strengths. “The appeal of arbitration and mediation for disputes that are relatively straightforward or that involve modest damages will ensure that such alternative dispute resolution processes can continue to be the primary means for resolving disputes even after the implementation of a rule that is more protective of investors,” they wrote. But the two senators certainly want the avenue of the courts open for investors in some way, they said. Two Supreme Court cases from the 1980s paved the way for broad judicial enforcement of mandatory arbitration clauses under federal laws, they noted. “In both cases, the assumptions and rationale underlying the Supreme Court’s rulings are clear: that arbitration increases rather than limits options and that the SEC will actively monitor arbitration to ensure it offers adequate investor protection,” the two lawmakers wrote. “That mandatory arbitration clauses are now an industry norm — and thus a de facto requirement imposed upon investors — is a significant shift from one of the presumptions essential to the court’s decisions,” they wrote. A spokesman for the SEC, John Nester, said that the commission had “no response” to the letter. Washington bureau chief Sara Hansard contributed to this story. Bruce Kelly can be reached at [email protected].

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.