Labor & Employment Law

Interesting Perspective on Arbitration measures for Securities Issues

By Dobin & Jenks

Today, I came across an interesting article from Bloomberg News on the Arbitration debate over financial investments. It was a Commentary written by Bloomberg News Columnist Susan Antilla entitled "Obama Fails to End Kangaroo Courts for Investors".

In the article, Susan highlights the following statement from President Obama:

The Securities and Exchange Commission ?should study the use of mandatory arbitration clauses in investor contracts,? and then pursue legislation if appropriate,

At the end of the Commentary, she adds:

That argument is more bogus today than ever, because cases increasingly involve the mass-marketing of financial products by multiple brokerage firms.

?The concern is that the industry arbitrator could be on a panel telling others that ?everybody does it,?? says Brian Smiley, the president of Piaba.

And in a closed justice system where nobody can come to court and watch, who would ever know?

The Arbitration Commentary gives food for thought and highlights the key issues, but it is hard to argue over, which side Susan is on in the Arbitration argument. She makes her point very clear on the issue.

Full post as published by The Law Planet Blog on June 25, 2009 (boomark / email).