10205. Schedule of Fees for Industry and Clearing Controversies
This Code was superseded by the Customer Code (Rule 12000 Series) and the Industry Code (Rule 13000 Series) on April 16, 2007, for claims filed on or after that date. The Code remains in effect, however, for cases filed before April 16, 2007.
(a) At the time of filing a Claim, Counterclaim, Third-Party Claim, or Cross-Claim in an industry or clearing controversy which is required to be submitted to arbitration before FINRA as set forth in Rule 10201, above, a party who is a member shall pay a non-refundable filing fee and shall remit a hearing session deposit to FINRA in the amounts stated in paragraph (k) unless such fee or deposit is specifically waived by the Director of Arbitration. A party who is an associated person shall pay a non-refundable filing fee and shall pay a hearing session deposit in the amounts specified for customer claimants in Rule 10332. If the associated person is a joint claimant with a member, the member shall pay a non-refundable filing fee and shall pay a hearing session deposit in the amounts specified in paragraph (k) of this Rule. Where multiple hearing sessions are required, the arbitrator(s) may require any of the parties to make additional hearing deposits for each additional hearing session. In no event shall the amount deposited by all parties per hearing session exceed the amount of the largest initial hearing deposit made by any party under paragraph (k) below.
(b) A hearing session is any meeting between the parties and the arbitrator(s), including a pre-hearing conference with an arbitrator, which lasts four (4) hours or less. The forum fee for a pre-hearing conference with an arbitrator shall be the amount set forth in paragraph (k) below as a hearing session deposit for a hearing with a single arbitrator.
(c) The arbitrators, in their award, shall determine the amount chargeable to the parties as forum fees and shall determine who shall pay such forum fees. Forum fees chargeable to the parties shall be assessed on a per hearing session basis and the aggregate for each hearing session may equal but shall not exceed the amount of the largest initial hearing deposit deposited by any party, except in a case where claims have been joined subsequent to filing in which case hearing session fees shall be computed as provided in paragraph (d). The arbitrator(s) may determine in the award that a party shall reimburse to another party any non-refundable filing fee it has paid. Amounts deposited by a party shall be applied against forum fees, if any. In addition to forum fees, the arbitrator(s) may determine in the award the amount of costs incurred pursuant to Rules 10319, 10321, 10322, and 10326 and, unless applicable law directs otherwise, other costs and expenses of the parties and arbitrator(s) which are within the scope of the agreement of the parties. The arbitrator(s) shall determine by whom such costs shall be borne. If the hearing session fees are not assessed against a party who had made a hearing deposit, the hearing deposit will be refunded unless the arbitrators determine otherwise.
(d) For claims filed separately which are subsequently joined or consolidated under Rule 10314(d) of this Code, the hearing deposit and forum fees assessable per hearing session after joinder or consolidation shall be based on the cumulative amount in dispute. The arbitrator(s) shall determine by whom such fees shall be borne.
(e) If the dispute, claim, or controversy does not involve, disclose, or specify a money claim, the non-refundable filing fee assessed on a party who is a member shall be $500. If the dispute, claim, or controversy does not involve, disclose, or specify a money claim, the hearing session deposit to be remitted by a party shall be $1000. These amounts may be adjusted by the Director of Arbitration or the panel of arbitrators may require the maximum amount specified in the schedule.
(f) FINRA shall retain the total initial amount deposited as hearing session deposits by all the parties in any matter submitted and settled or withdrawn within eight business days of the first scheduled hearing session other than a pre-hearing conference.
(g) Any matter submitted and thereafter settled or withdrawn subsequent to the commencement of the first hearing session, including a pre-hearing conference with an arbitrator, shall be subject to an assessment of forum fees and costs incurred pursuant to Rules 10319, 10321, 10322, and 10326 based on hearing sessions held and scheduled within eight business days after FINRA receives notice that the matter has been settled or withdrawn. The arbitrator(s) shall determine by whom such fees and costs shall be borne.
(h) In each industry or clearing controversy which is required to be submitted to arbitration before FINRA as set forth in Rule 10201, above, where interim injunctive relief is requested or where a court has issued a temporary injunction and a party requests expedited proceedings, a total non-refundable surcharge of $2,500 shall be paid by the party or parties requesting the expedited proceedings as provided in Rule 10335. For purposes of this Rule, where expedited proceedings are mandated by Rule 10335(g), the party that sought and was granted injunctive relief by a court shall be deemed a party requesting expedited proceedings. These surcharge fees shall be in addition to all other non-refundable filing fees, hearing deposits, or costs which may be required. The arbitrator may determine that a party shall reimburse another party for any non-refundable surcharge it has paid.
(i) Reserved
(j) Reserved
(k) Schedule of Fees
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Schedule of Fees
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Hearing Session Deposit |
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Amount in Dispute (Exclusive of Interest and Expenses) |
Claim Filing Fee |
Deposit for Cases to be Decided on the Paper Record
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One Arbitrator1 |
Three Arbitrators2 |
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$.01–$1,000 |
$ 200 |
$ 25 |
$ 25 |
NA |
|
$1,000.01–$2,500 |
$ 300 |
$ 50 |
$ 50 |
NA |
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$2,500.01–$5,000 |
$ 400 |
$ 125 |
$ 125 |
NA |
|
$5,000.01–$10,000 |
$ 500 |
$ 250 |
$ 250 |
NA |
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$10,000.01–$25,000 |
$ 750 |
$ 300 |
$ 450 |
NA |
|
$25,000.01–$30,000 |
$1,000 |
NA |
$ 450 |
$ 600 |
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$30,000.01–$50,000 |
$1,000 |
NA |
$ 450 |
$ 600 |
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$50,000.01–$100,000 |
$1,000 |
NA |
$ 450 3 |
$ 750 |
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$100,000.01–$500,000 |
$1,000 |
NA |
$ 450 4 |
$1,125 |
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$500.000.01–$1,000,000 |
$1,250 |
NA |
$ 450 4 |
$1,200 |
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$1,000,000.01–$5,000,000 |
$2,000 |
NA |
$ 450 4 |
$1,200 |
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$5,000,000.01–$10,000,000.00 |
$2,500 |
NA |
$ 450 4 |
$1,200 |
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Over $10,000,000 |
$5,000 |
NA |
$ 450 4 |
$1,200 |
1 The dispute is resolved by one arbitrator per hearing session, including pre-hearing conferences.
2 The dispute is resolved by three arbitrators per hearing session.
3 Fee applies only to pre-hearing conferences with a single arbitrator and to disputes resolved by one arbitrator per hearing session under the Rule 10210 Series.
4 Fee applies only to pre-hearing conferences with a single arbitrator.
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Amended by SR-FINRA-2008-021 eff. Dec. 15, 2008. Amended by SR-NASD-2000-65 eff. Dec. 30, 2000. Amended by SR-NASD-2000-11 eff. Nov. 1, 2000. Amended by SR-NASD-99-23 eff. March 18, 1999 Amended by SR-NASD-97-79 eff. March 18, 1999. Amended by SR-NASD-95-25 eff. Aug. 1, 1995. Amended by SR-NASD-94-10 eff. May 2, 1995. Amended by SR-NASD-94-75 eff. Jan. 1, 1995. Amended by SR-NASD-90-03 eff. June 18, 1990. Added eff. May 10, 1989. Selected Notices: 99-23; 99-96, 08-57. |