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Home > > Nasdaq General 6
General 6 Arbitration
Section 1. Arbitration

(a) General

(1) The Rule 12000 Series and Rule 13000 Series of the FINRA Manual (Code of Arbitration Procedures for Customer Disputes and Code of Arbitration Procedures for Industry Disputes) (the "FINRA Code of Arbitration"), as the same may be in effect from time to time, shall govern Exchange arbitrations except as may be specified otherwise in this Section. Definitions in the FINRA Code of Arbitration shall have the same meaning as that prescribed therein, and procedures contained in the FINRA Code of Arbitration shall have the same application as toward Exchange arbitrations.

(b) Predispute Arbitration Agreements

(1) The requirements of FINRA Rule 2268 shall apply to predispute arbitration agreements between Members and their customers.

(c) Referrals

(1) If any matter comes to the attention of an arbitrator during and in connection with the arbitrator's participation in a proceeding, either from the record of the proceeding or from material or communications related to the proceeding, that the arbitrator has reason to believe may constitute a violation of the Exchange's Rules or the federal securities laws, the arbitrator may initiate a referral of the matter to the Exchange for disciplinary investigation; provided, however, that any such referral should only be initiated by an arbitrator after the matter before him has been settled or otherwise disposed of, or after an award finally disposing of the matter has been rendered pursuant to Rule 12904 or Rule 13904 (as applicable) of the FINRA Code of Arbitration.

(d) Payment of Awards

(1) Any Member, or person associated with a Member, who fails to honor an award of arbitrators appointed in accordance with the Rules in this Section shall be subject to the Exchange's disciplinary proceedings.

(e) Other Exchange Actions

(1) The submission of any matter to arbitration under this Chapter shall in no way limit or preclude any right, action or determination by the Exchange which it would otherwise be authorized to adopt, administer or enforce.

Adopted Aug. 9, 2018 (SR-NASDAQ-2018-067), operative Sept. 10, 2018.

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