Punitive Damages and the Consumerization of Arbitration

Abstract:     
In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant proposals by the NASD’s Ruder Commission and examines mechanisms for more effectively addressing the punitive damages issue. This article predates and foreshadows the eventual recognition of the authority of securities arbitrators to award punitive damages.

Number of Pages in PDF File: 68

Keywords: punitive damages, exemplary damages, arbitration awards, NASD arbitration, FINRA arbitration, NYSE arbitration, Securities Industry Conference on Arbitration, investor-broker disputes

Accepted Paper Series