Regulatory Notice 16-44

SEC Approves Amendments to the Customer Code of Arbitration Procedure Regarding Panel Selection in Cases with Three Arbitrators

Effective Date: January 3, 2017

Executive Summary

The Securities and Exchange Commission (SEC) approved amendments to FINRA Rule 12403 (Cases with Three Arbitrators) of the Code of Arbitration Procedure for Customer Disputes (Customer Code) to increase the number of arbitrators on the public arbitrator list that FINRA sends to parties during the arbitration panel selection process from 10 to 15. The amendments also increase the number of strikes to the public arbitrator list from four to six, so that the proportion of strikes is the same under the amended rule as it is under the current rule.

The amendments will become effective for all arbitrator lists FINRA sends to parties on or after January 3, 2017, for panel selection in customer cases with three arbitrators.

The text of the amendments is set forth in Attachment A.

Questions concerning this Notice should be directed to:

  • Chrystal Loyer, Specialist, FINRA Office of Dispute Resolution, at (212) 858-4325; or
  • Margo Hassan, Associate Chief Counsel, FINRA Office of Dispute Resolution, at (212) 858-4481.