Rule 12104 of the Customer Code and Rule 13104 of the Industry Code provide that an arbitrator may refer any matter to FINRA for disciplinary investigation that has come to the arbitrator's attention during and in connection with the arbitration. The matter may be either from the record of the proceeding or from material or communications related to the arbitration, which the arbitrator has reason to believe may constitute a violation of FINRA's rules, the federal securities laws or other applicable rules or laws.
Arbitrators must complete the Arbitrator Disciplinary Referral Form to refer potential disciplinary violations to FINRA Member Regulation for investigation. In this form, you should discuss only those facts and circumstances that underlie your decision to refer this case for disciplinary investigation. You should not describe the basis for your award in the arbitration case.
You should not discuss this matter with any person, including the parties or their counsel in the arbitration proceeding. If anyone contacts you to discuss this referral, please call Todd Saltzman at (212) 858-4273.
Please submit the form to Todd Saltzman, Vice President of Dispute Resolution by email at [email protected].