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12211. Direct Communication Between Parties and Arbitrators

This rule is no longer applicable. NASD Rule 12211 has been superseded by FINRA Rule 12211. Please consult the appropriate FINRA Rule.

The Customer Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Customer Code will apply to previously filed claims in which a list of arbitrators must be generated after April 16, 2007; in these cases, however, the claim will continue to be governed by the remaining provisions of the old Code unless all parties agree to proceed under the new Code.

(a) This rule provides procedures under which parties and arbitrators may communicate directly.
(b) Only parties that are represented by counsel may use direct communication under this rule. If, during the proceeding, a party chooses to appear pro se (without counsel), this rule shall no longer apply.
(c) All arbitrators and all parties must agree to the use of direct communication during the Initial Prehearing Conference or a later conference or hearing before it can be used.
(d) Parties may send the arbitrators only items that are listed in an order.
(e) Parties may send items by regular mail, overnight courier, facsimile, or email. All the arbitrators and parties must have facsimile or email capability before such a delivery method may be used.
(f) Copies of all materials sent to arbitrators must also be sent at the same time and in the same manner to all parties and the Director. Materials that exceed 15 pages, however, shall be sent to the Director only by regular mail or overnight courier.
(g) The Director must receive copies of any orders and decisions made as a result of direct communications among the parties and the arbitrators.
(h) Parties may not communicate orally with any of the arbitrators outside the presence of all parties.
(i) Any party or arbitrator may terminate the direct communication order at any time, after giving written notice to the other arbitrators and the parties.
Adopted by SR-NASD-2003-158 eff. April 16, 2007.

Selected Notices: 07-07

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