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drkazmd65

09/26/16 2:38 PM

#8722 RE: Foxwoods Man #8721

Agreed FM - we have no real idea how this is going to play out, and how long it is going to take to play out.

My guess - there will be a day or two (tops) to review the Briefs and backing documents that each legal team has produced. Some time for arguments and rebuttals, perhaps a request by the Arbitrator that some piece information be clarified (if it is possible),...

If the hearing is going off today - it means all the preliminaries, conferences, legal discovery phase, and evidence to be used are there already.

According to FINRA rules (and they may be operating on slightly different rules in this case)

Order of a Hearing

If arbitrators hold a hearing, it will be conducted in this order generally, although the arbitrators have authority to change the order:
1) Swearing in of arbitrators, parties and witnesses;
2) Opening statement from each party (optional);
3) Presentation of facts of the case to arbitrators, including documents and live or written testimony - claimant(s);
4) Presentation of facts of the case to arbitrators, including documents and live or written testimony - respondent(s);
5) Presentation of any counter-claims, cross-claims or third-party claims;
6) Rebuttal evidence;
7) Closing statements (claimant can choose to go last);
8) Scheduling post-hearing submissions before closing the record; and
9) Arbitration panel closes the record.


https://www.finra.org/arbitration-and-mediation/hearings

Then the process moves forward.

Decision & Award

Arbitrators' Decision

After closing the record, the arbitration panel considers all of the evidence, deliberates together, and decides what relief the claimant is entitled to, if any.

In a three-arbitrator panel, an award is based on the vote of a majority of the arbitrators; a unanimous decision is not required.

Customer Code Rules 12608, 12904
Industry Code Rules 13608, 13904

Arbitration Award

Awards must be in writing, but arbitrators are not required to write opinions or provide explanations or reasons for their decision. The panel will issue an award within 30 business days from the date the record is closed.

All awards rendered under the Codes are final and are not subject to review or appeal, except under limited circumstances. For exceptions to this rule, view "Challenges to an Arbitration Award."

In an award, the panel will decide whether to assess any costs and forum fees against any party, and how to allocate those costs and fees among the parties.

Once the award is signed by a majority of the arbitrators, FINRA will send copies of the signed award to each party or representative of the party. FINRA makes all arbitration awards publicly available for free by posting them on Arbitration Awards Online.


https://www.finra.org/arbitration-and-mediation/decision-award

So - looks like - unless there is a settlement in the meantime - we hear something within 30 days.