Regulatory Notice 10-40

Non-Party Witness’ Attorney May Attend Hearing While Witness Is Testifying

Effective Date: October 14, 2010

Effective October 14, 2010, a non-party witness’ attorney may attend an arbitration hearing while the witness is testifying. Unless otherwise authorized by the arbitrators, the attorney’s role will be limited to asserting recognized privileges, such as the attorney-client and workproduct privileges, and the privilege against self-incrimination. The amendments to the Customer and Industry Codes of Arbitration Procedure (Codes) apply to all hearings taking place on or after October 14, 2010. The text of the amendments is set forth in Attachment A.

Questions concerning this Notice should be directed to:

  • Richard W. Berry, Senior Vice President and Director of Case Administration and Regional Office Services, Dispute Resolution, at (212) 858-4307 or by email; or
  • Margo A. Hassan, Assistant Chief Counsel, Dispute Resolution, at (212) 858-4481 or by email.