Securities Arbitration Procedure Manual

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This is the 32nd year of SAPM’s publication, and each year the author has added and edited over 150 pages of new text. It continues to present comprehensive, balanced and pragmatic examinations of the issues that practitioners encounter when representing customers, brokers and firms in the resolution of securities disputes through arbitration and mediation. In each of the 16 chapters, the author does not just tell practitioners what the cases say, he provides ways practitioners can use the holdings of those cases as standards for their cases. Throughout this two-volume book that numbers approximately 4,000 pages, Mr. Robbins also continues to provide standards for practitioners to present to arbitrators, mediators and their adversaries to judge the conduct of their clients.

In its review of the December 2020 edition, Securities Arbitration Commentator wrote: “The SAPM is now 30 years in the making, starting publication in 1990 and continually updating by the author and practitioner over the years, as the practice evolves and new rules and procedures adjust to an ever-changing landscape. Author Robbins … has chronicled securities arbitration’s modern history and participated at the center of events and developments that have shaped it…What has set SAPM apart and has made it the enduring leader in its field has been the dedicated efforts of its author to update and revise the book every year without fail and to inform those updates and revisions with the practical knowledge and observations of a versatile and respected practitioner. To us, David Robbins occupies a special place of honor in the field of securities arbitration.”

The latest update of this book includes the following subjects, among many more:

§ 1-2 The Realities of Arbitration – From the Perspective of a Former FINRA Arbitration Director
§ 1-25 FINRA Arbitration Trends and Statistics From 2000 Through July 2022 and AAA Amends its Commercial Arbitration Rules and Mediation Procedures in September 2022
§ 4-3 Who Has the Burden to Prove the Existence of an Arbitration Agreement? Or Must the Party Opposing Arbitration Disprove There is Such an Agreement? How to Determine if Arbitration Clause Covers Dispute
§ 4-7 Waiver of Right to Arbitration - The Supreme Court Speaks on Waiver - Robyn Morgan v. Sundance, Inc. and 2022 California Six-Step Waiver Test (Two Months Before Sundance)
§ 4-10 Enforcing an Arbitration Agreement in New York – Motion to Compel CPLR 7503(a)
§ 5-5 Substantial Update on the Elderly and Securities Arbitration
§ 5-6 Who is Not a Customer for Arbitration Purposes? Business Partners v. Investment Services
§ 5-30 FINRA Award Survives Bankruptcy Proceeding
§ 5-31 Substantial Update of Investment Adviser Cases
§ 8-6 Motions in Limine – An Update
§ 9-3 2022 Revised Initial Prehearing Conference Script for Panel Cases
§ 9-10 2022 Update of Attachment in Aid of Arbitration
§ 12-16 Mitigation of Damages – An Exception to Appreciate
§ 12-24 2022 Update of Motions to Dismiss and Motions for Summary Judgment
§ 13-19 How Not to Serve Notice of Petition to Vacate Arbitration Awards
§ 13-21 New Cases on Statutory Grounds for Vacating an Award.
§ 13-22 New Cases on Judicially Created Grounds for Vacating an Award
§ 14-12 Functus Officio - Limited Arbitrator Powers After the Award
§ 15-9 The 2022 Federal Act Regarding Sexual Assault and Sexual Harassment

The observations and opinions in this book are based on Mr. Robbins' experiences as a Special Deputy Attorney General in the Securities Bureau of the New York Department of Law; American Stock Exchange Arbitration Director; arbitrator and mediator; as an attorney to customers, brokers and firms in arbitrations and mediations; member of the Board of Editors of Securities Arbitration Commentator and the PIABA Law Journal; Practice Commentator to McKinney’s Consolidated Laws of New York (Article 23-A General Business Law); chair of over 20 Practising Law Institute (PLI) programs on securities arbitration and mediation; and, co-chair of New York Bar Association programs on securities arbitration and mediation.

Deliberate effort has continued to be made throughout this book to present countervailing viewpoints, opinions and approaches on the many areas covered. In all instances where the author's opinion is given, it is done so to improve the process for all participants.

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Review

ROBBINS SAPM MANUAL GETS NEW SUPPLEMENT: RELEASE 24 BRINGS FRESH UPDATES AND NEW MATERIAL, WITH AN EMPHASIS ON COVID- INDUCED CHANGES. We just finished paging through the new supplement to David E. Robbins’ Securities Arbitration Procedure Manual (“SAPM”). The SAPM – a true tour de force – is now 30 years in the making, starting publication in 1990 and continually updating by the author and practitioner over the years, as the practice evolves and new rules and procedures adjust to an ever-changing landscape. Author Robbins, a long-time member of our Board of Editors, has chronicled securities arbitration’s modern history and participated at the center of events and developments that have shaped it. This latest supplement is published by Lexis Nexis/Matthew Bender as "Release 24" and according to the "Highlights" explanation on the top page of the thick set of loose-leaf pages, it aims primarily to "update and expand analyses of federal and state court decisions that impact securities arbitrations and mediations." Author Robbins adds, in this regard, "I don't just tell you what the cases say, I suggest ways you can use the holdings of those cases as standards for your cases." He stresses, though, in his Introduction to the Release: “I have added and supplemented many subjects, adding and editing over 150 pages of text, despite working remotely most of the year due to the COVID-19 virus, which also had a significant impact on FINRA in-person arbitrations; they were suspended nationwide most of the year…. Nevertheless, while restrictions were placed on the practice of securities arbitration, important court decisions were issued that are presented in this edition….” Indeed, much of the update is devoted to the unprecedented impact on securities arbitration caused by the pandemic. An entire new chapter, FINRA in the Time of the Coronavirus, leads with: “Practitioners, arbitrators and mediators have learned to respect the administration of FINRA’s nationwide arbitration and mediation program. Based on its desire to safeguard the health of all those who participate in its dispute resolution programs, FINRA suspended most 2020 in-person hearings and encouraged parties to take part in FINRA’s Zoom platform. FINRA set forth guidance for virtual hearings. While most practitioners still prefer in-person arbitration hearings, many are pleased with Zoom mediations. FINRA published the following notices to its constituents on its virtual hearing programs….” (ed: *What has set SAPM apart and has made it the enduring leader in its field has been the dedicated efforts of its author to update and revise the book every year without fail and to inform those updates and revisions with the practical knowledge and observations of a versatile and respected practitioner. To us, David Robbins occupies a special place of honor in the field of securities arbitration.**The two-volume SAPM, which is approximately 4,000 pages long, is available in both print form and as an e-book (Library of Congress Card Number: 2004615234; ISBNs: 978-0-327-16188-2 (print) and 978-0-327-16800-3 (eBook). For more information, go to the Lexis/Nexis Store.) - SECURITIES ARBITRATION ALERT 2020-48 (12/24/20)
Editorial Advisory Board George H. Friedman Editor-in-Chief