Posted by Jason M. Kueser | November 8, 2009
FINRA recently reported its September 2009 arbitration statistics. As of September 30, 2009, 5,545 claims were filed, compared to only 3,471 as of September 30, 2008, an increase of 60%. FINRA also reported that 3,196 cases were closed through September and that the average turnaround time for cases that go to an arbitration hearing has declined by 9% (14.5 months from 16.0 months).
The most frequent claims/controversies involved continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.
Investors have also prevailed in a larger percentage of cases decided (by hearing or on the papers). As of September 30, 2009, 444 cases had been decided and investors prevailed in 203 (46%) of those cases. This represents a 1% increase over last month and continues to demonstrate that arbitration results are moving more in favor of investors/Claimants. Given that 3,196 cases have closed as of September 30, 2009, these statistics also demonstrate that a large number of arbitration claims are settled.