For disputes involving statutory employment discrimination claims, see Rule 13802.
(a) Lists Generated in Disputes Between Members
(1) If the panel consists of one arbitrator, the list selection algorithm will generate a list of 10 non-public arbitrators from the FINRA non-public chairperson roster.
(2) If the panel consists of three non-public arbitrators, the list selection algorithm will generate:
• A list of 20 arbitrators from the FINRA non-public roster; and
• A list of 10 non-public arbitrators from the FINRA non-public chairperson roster.
(3) If the panel consists of three arbitrators, the list selection algorithm will generate the non-public chairperson list first. Chair-qualified arbitrators who were not selected for the non-public chairperson list will be eligible for selection on the non-public list. An individual arbitrator cannot appear on both the non-public chairperson list and the non-public list for the same case.
(4) The list selection algorithm will exclude arbitrators from the lists based upon current conflicts of interest identified within the list selection algorithm.
(5) The Director will exclude arbitrators from the lists based upon a review of conflicts of interest not identified within the list selection algorithm. If an arbitrator is removed due to such conflicts, the list selection algorithm will generate a replacement arbitrator.
(b) Lists Generated in Disputes Between Associated Persons or Between or Among Members and Associated Persons
(1) If the panel consists of one arbitrator, the list selection algorithm will generate a list of 10 public arbitrators from the FINRA public chairperson roster.
(2) If the panel consists of three arbitrators, the list selection algorithm will generate:
• A list of 10 arbitrators from the FINRA non-public arbitrator roster;
• A list of 10 arbitrators from the FINRA public arbitrator roster; and
• A list of 10 public arbitrators from the FINRA public chairperson roster.
(3) If the panel consists of three arbitrators, the list selection algorithm will generate the public chairperson list first. Chair-qualified arbitrators who were not selected for the public chairperson list will be eligible for selection on the public list. An individual arbitrator cannot appear on both the public chairperson list and the public list for the same case.
(4) In preparing the public list, the list selection algorithm will provide two chances for selection to public arbitrators that are not chair-qualified, and will provide one chance for selection to chair-qualified public arbitrators. An individual arbitrator cannot appear more than once on the public list selected for the same case.
(5) The list selection algorithm will exclude arbitrators from the lists based upon current conflicts of interest identified within the list selection algorithm.
(6) The Director will exclude arbitrators from the lists based upon a review of conflicts of interest not identified within the list selection algorithm. If an arbitrator is removed due to such conflicts, the list selection algorithm will randomly select an arbitrator to complete the list.
(c) Sending Lists to Parties
(1) The Director will send the lists generated by the list selection algorithm to all parties at the same time, within approximately 20 days after the last answer is due, regardless of the parties' agreement to extend any answer due date. The parties will also receive, for each arbitrator listed, a disclosure report containing employment history and other background information.
(2) Requests for Additional Information About Arbitrators
(A) A party may request additional information about an arbitrator at any stage of the proceeding by filing with the Director and serving all other parties with a written request, which may omit any information that would reveal the identity of the party making the request.
(B) Within ten days of receipt of the request, an opposing party may object to a request for additional information by filing objections with the Director and serving the objections on all other parties. After five days have elapsed from the service of any objections and provided that the request for additional information has not been withdrawn, the Director will forward the request together with any objections to the arbitrator who is the subject of the request.
(C) If no opposing party objects to the request for additional information, the Director and the parties shall not disclose the identity of the requesting party to the arbitrator or panel.
(D) The Director will send any response from the arbitrator to all of the parties at the same time.
(E) When a party requests additional information, the Director may, but is not required to, toll the time for parties to return the ranked lists under
Rule 13404(d).
