April 8, 2008
We appreciate the opportunity to comment on the proposed rule to eliminate dispositive pre-hearing motions in arbitration.
Our firm provides expert testimony, litigation support and consulting services to both Claimants and Respodents in securities arbitration. We have been involved in over 200 cases representing parties in securities arbitration over a 20 year period.
We fully support the position submitted by SIFMA. We would emphasize that there are a number of situations where an arbitration panel should have the discretion of ruling on a dispositive motion. Limiting or restricting the ability of a panel to rule on a motion to dismiss would further erode the effectiveness of arbitration in securities disputes.
We strongly encourage the Commission to disapprove the proposed rule and would support a broader use of pre-hearing motions to dismiss in arbitration.
Kevin A. Carreno