Posted by Jason M. Kueser | January 20, 2010
FINRA recently reported its December 2009 arbitration statistics. For the year ended December 31, 2009, 7,137 claims had been filed. This represents an increase of 43% as compared to the number of cases filed in 2008 (4,982). The average turnaround time for cases that go to an arbitration hearing has declined by 11% (14 months from 15.7 months).
The most frequent securities and investment claims/controversies involved in arbitration 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). For the year, 669 cases had been decided and investors prevailed in 304 (45%) of those cases. This does not include cases that settled in favor of the investor, which FINRA notes to approximately 25%.