The securities laws in the United States are designed to protect investors from fraud and manipulation. These laws give investors the right to sue companies and individuals who violate these laws.
The securities laws also provide for a process called arbitration, which is an alternative to litigation. In arbitration, the parties to a dispute agree to have their case decided by a neutral third party, called an arbitrator.
There are advantages and disadvantages to both arbitration and litigation. In this article, we will explore both sides of the debate to help you decide which is right for you.
Arbitration:
Arbitration is a process in which a dispute is submitted to a neutral third party for a binding decision. It is often used as an alternative to litigation, as it is generally faster and cheaper. However, it is important to note that arbitration is not always binding and that the decisions made by arbitrators are not always final.
Litigation:
Litigation is the process of taking a dispute to court and having it decided by a judge or jury. It is generally a more expensive and time-consuming process than arbitration, but it offers the benefit of a more formal setting and the possibility of appealing the decision.
Advantages of arbitration:
One of the main advantages of securities litigation lawyer is that it is usually faster than litigation. This is because arbitration does not require the same level of formal discovery as litigation. In addition, the arbitrator can set deadlines for the parties to exchange information and submit their cases for a decision.
Another advantage of arbitration is that it is usually cheaper than litigation. This is because the arbitrator’s fees are typically lower than the fees of lawyers and experts. In addition, the arbitration process is often less time-consuming than litigation, which can save on legal fees.
Arbitration can also be more private than litigation. This is because the arbitration proceedings are not public records. In contrast, litigation proceedings are public records. This can be important for companies or individuals who want to keep their disputes confidential. It can also be more flexible than litigation. This is because arbitration can be tailored to the specific needs of the parties involved. For example, the arbitrator can set the rules of procedure and evidence that will be used in the arbitration. The rules of procedure and evidence for litigation are set by state and federal law.
Conclusion:
Arbitration and litigation are both processes that can be used to resolve securities law disputes. Each has its own advantages and disadvantages. You should consider all of the factors before deciding which process is right for you.
