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Simple English definitions for legal terms
Securities dispute resolution: Enforcing awards
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A quick definition of Securities dispute resolution: Enforcing awards:
When investors have a disagreement with a brokerage firm or licensed broker, they can go to FINRA arbitration to resolve the issue. If the investor wins, they are awarded money that must be paid within 30 days. If the opposing party doesn't pay, the investor can go to court to enforce the award. However, the opposing party can also ask the court to vacate the award within 30 days. The court will only vacate the award if there was corruption, unfairness, or the arbitrators exceeded their powers. This is hard to prove, so courts rarely vacate an award. The time limit for vacating an award is three months, while the time limit for enforcing an award is one year.A more thorough explanation:
When investors win awards in FINRA arbitration, they must be paid within thirty days. If the opposing party does not pay, the investor can seek enforcement of the award through the courts. The Federal Arbitration Act provides for the enforcement of arbitration awards. The losing party may request a court to vacate the arbitration award within thirty days. The court shall confirm the award unless it finds one of the grounds for refusal or deferral of recognition or enforcement of the award specified in §10 of the Federal Arbitration Act.
For example, if an investor wins an award of $100,000 in FINRA arbitration, the opposing party must pay within thirty days. If they do not pay, the investor can seek enforcement of the award through the courts. The court will confirm the award unless there is evidence of corruption, fraud, or undue means, or if the arbitrators exceeded their powers.
Another example is if the opposing party declares bankruptcy or decides to leave the securities industry. In this case, the investor may not receive their award, even if they win in arbitration. They can still seek enforcement of the award through the courts, but they may not be able to collect if the opposing party does not have the funds to pay.
These examples illustrate how investors can seek enforcement of their awards through the courts if the opposing party does not pay. The Federal Arbitration Act provides for the enforcement of arbitration awards, but there are limited grounds for vacating an award. As a result, courts rarely vacate an award.
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