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Simple English definitions for legal terms

Securities dispute resolution: Response

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A quick definition of Securities dispute resolution: Response:

In a securities dispute, when one person makes a claim against another, the person being accused has 45 days to respond with a written answer and any supporting documents. They can also make their own claims against the accuser. Both parties can amend their submissions if they need to, but they have to follow specific timelines and get approval from the panel of arbitrators. It's important to be honest and not try to hide information, or it could affect the outcome of the dispute.

A more thorough explanation:

When a party files a Statement of Claim and pays the required fees, the opposing party must respond within 45 days. The response should include a signed Uniform Submission Agreement and an answer that specifies relevant facts and defenses to the Statement of Claim. The respondent may also include additional documents supporting their answer. Failure to respond within the given time may result in default proceedings.

If the respondent has counterclaims against the claimant, they may include them in their response. The claimant must then serve an answer to the counterclaim within 20 days and file it with any relevant facts and defenses. Any party may amend their submissions to respond to new evidence or claims, but they must seek approval from the panel of arbitrators if a panel has already been appointed.

It is important to follow the specific deadlines for responding to amendments and not withhold information in hopes of amending later. Failure to comply with the rules may result in consequences.

John files a Statement of Claim against Jane, claiming that she owes him $10,000 for a stock investment. Jane responds within 45 days with a signed Uniform Submission Agreement and an answer that disputes John's claim, stating that she never agreed to invest in the stock. She also includes documents that show she never received any communication from John regarding the investment. Jane also includes a counterclaim against John, stating that he owes her $5,000 for a separate investment. John must then serve an answer to Jane's counterclaim within 20 days and file it with any relevant facts and defenses.

This example illustrates how the respondent can respond to the Statement of Claim and include counterclaims against the claimant. It also shows how the claimant must respond to the counterclaim within a specific time frame.

Securities dispute resolution: Prehearing | Securities dispute resolution: Selecting arbitrators

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