13403. Generating and Sending Lists to the Parties
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.
(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) The list selection algorithm will exclude arbitrators from the lists based upon current conflicts of interest identified within the list selection algorithm.
(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 30 days after the last answer is due, regardless of the parties' agreement to extend any answer due date. The parties will also receive employment history for the past 10 years and other background information for each arbitrator listed.
(2) If a party requests additional information about an arbitrator, the Director will request the additional information from the arbitrator, and will send any response to all of the parties at the same time. 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).
| Amended by SR-FINRA-2022-026 eff. Sept. 15, 2022. Amended by SR-FINRA-2017-009 eff. Sep. 18, 2017. Amended by SR-FINRA-2010-022 eff. Sep. 27, 2010. Amended by SR-FINRA-2009-011 eff. Aug. 31, 2009. Amended by SR-FINRA-2009-003 eff. Jan. 8, 2009. Amended by SR-FINRA-2008-021 eff. Dec. 15, 2008. Adopted by SR-NASD-2004-011 eff. April 16, 2007. Selected Notice: 07-07, 08-57, 09-43, 10-37, 17-25. |
- Regulatory Notice 17-25August 18, 2017
- Regulatory Notice 10-37August 27, 2010
- Regulatory Notice 09-43July 31, 2009