IM-10104. Arbitrators' Honorarium
This rule is no longer applicable. NASD IM-10104 has been superseded by FINRA IM-10104.
This Code will be superseded by the Customer Code (Rule 12000 Series) and the Industry Code (Rule 13000 Series) on April 16, 2007, for claims filed on or after that date. This Code will remain in effect, however, for cases filed before April 16, 2007.
(a) All persons selected to serve as arbitrators pursuant to the Association's Code of Arbitration Procedure shall be paid an honorarium for each hearing session (including a prehearing conference) in which they participate.
(b) The honorarium shall be $200 for each hearing session and $75 per day additional honorarium to the chairperson of the panel. The honorarium for a case not requiring a hearing shall be $125.
(c) The honorarium for travel to a canceled hearing session shall be $50. If a hearing session other than a prehearing conference is adjourned pursuant to Rule 10319(d), each arbitrator shall receive an additional honorarium of $100.
(d) The Director may authorize a higher or additional honorarium for the use of a foreign hearing location.
(e) Payment for Deciding Discovery-Related Motions Without a Hearing Session
(1) NASD will pay each arbitrator an honorarium of $200 to decide a discovery-related motion without a hearing session. This paragraph does not apply to cases administered under Rules 10203 and 10302.
(2) For purposes of paragraph (e)(1), a discovery-related motion and any replies or other correspondence relating to the motion shall be considered to be a single motion.
(3) The panel will allocate the cost of the honoraria under paragraph (e)(1) to the parties pursuant to Rules 10205(c) and 10332(c).
(f) Payment for Deciding Contested Subpoena Requests Without a Hearing Session
(1) The honorarium for deciding one or more contested motions requesting the issuance of a subpoena without a hearing session shall be $200. The honorarium shall be paid on a per case basis to each arbitrator who decides the contested motion(s). The parties shall not be assessed more than $600 in fees under this paragraph in any arbitration proceeding. The honorarium shall not be paid for cases administered under Rules 10203 or 10302.
(2) For purposes of paragraph (f)(1), a contested motion requesting the issuance of a subpoena shall include a motion requesting the issuance of a subpoena, the draft subpoena, a written objection from the party opposing the issuance of the subpoena, and any other documents supporting a party's position.
(3) The panel will allocate the cost of the honorarium under paragraph (f)(1) to the parties pursuant to Rules 10205(c) and 10332(c).
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Amended by SR-NASD-2006-101 eff. April 2, 2007. Amended by SR-NASD-2005-052 eff. Sept. 26, 2005. Amended by SR-NASD-2004-042 eff. June 6, 2005. Amended by SR-NASD-2003-164 eff. Aug. 16, 2004. Amended by SR-NASD-99-23 eff. March 18, 1999. Amended by SR-NASD-97-79 eff. March 18, 1999. Amended eff. May 30, 1980; Feb. 8, 1982; Jan. 14, 1987. Adopted eff. June 14, 1977. Selected Notice: 99-23, 04-53, 05-35, 05-55, 07-13. |