Recovery of Investment Losses through FINRA Arbitration
If you have suffered financial losses due to broker misconduct or unsuitable investment recommendations, you may be able to recover your losses by filing a claim through Financial Industry Regulatory Authority arbitration.
FINRA arbitration is the primary method investors use to resolve disputes with brokerage firms and financial advisors. While the process is more streamlined than traditional litigation, it still involves several important steps.
This guide explains how to file a FINRA arbitration claim and what to expect throughout the process.
What Is FINRA Arbitration?
FINRA arbitration is a private dispute resolution process used to resolve conflicts between investors and brokerage firms.
Most investors are required to use arbitration because brokerage account agreements typically include mandatory arbitration clauses. This means disputes are handled through FINRA rather than in court.
Step 1: Determine If You Have a Valid Claim
Before filing a claim, it’s important to determine whether your losses may be the result of broker misconduct.
Common types of claims include:
- Unsuitable investment recommendations
- Overconcentration in risky investments
- Unauthorized trading
- Excessive trading (churning)
- Misrepresentation or failure to disclose risks
- Margin trading losses
An experienced securities attorney can review your account activity and help determine whether you have a viable claim.
Step 2: Gather Important Documents
To support your claim, you will need documentation related to your investments.
This may include:
- Account statements
- Trade confirmations
- Emails or communications with your broker
- New account forms and risk profile documents
- Tax records
These documents help establish what recommendations were made and whether they were appropriate for your financial situation.
Step 3: File a Statement of Claim
The arbitration process officially begins when you file a Statement of Claim with FINRA.
This document outlines:
- The facts of your case
- The alleged misconduct
- The damages you are seeking
Filing fees are required and are based on the amount of damages claimed.
A well-prepared Statement of Claim is critical, as it sets the foundation for your case.
Step 4: FINRA Assigns Arbitrators
After your claim is filed, FINRA provides a list of potential arbitrators.
Typically:
- Smaller cases may have a single arbitrator
- Larger cases often have a panel of three arbitrators
Both parties have the opportunity to rank and strike arbitrators before the panel is finalized.
Step 5: The Discovery Process
During discovery, both sides exchange relevant documents and information.
This stage may include:
- Requests for documents
- Written responses
- Limited depositions (in rare cases)
Discovery allows both sides to evaluate the strength of the case and prepare for the hearing.
Step 6: Pre-Hearing Conferences and Motions
Before the final hearing, the arbitrators may hold conferences to:
- Set deadlines
- Address procedural issues
- Resolve preliminary disputes
Some cases may also involve motions, such as motions to dismiss.
Step 7: The Arbitration Hearing
The arbitration hearing is similar to a trial but less formal.
During the hearing:
- Both sides present evidence
- Witnesses may testify
- Attorneys make arguments
Hearings can last several days, depending on the complexity of the case.
Step 8: The Arbitration Award
After the hearing, the arbitrators issue a written decision, known as an award.
The award may include:
- Compensation for investment losses
- Interest
- Attorneys’ fees (in some cases)
Arbitration decisions are generally final and binding, with limited options for appeal.
How Long Does FINRA Arbitration Take?
Most FINRA arbitration cases take approximately 12 to 18 months from filing to final decision.
Some cases may settle earlier, particularly during or after the discovery phase.
Do You Need a Securities Attorney?
While investors are not required to have legal representation, working with an experienced securities attorney can significantly improve your chances of success.
An attorney can:
- Evaluate your claim
- Prepare and file your case
- Develop a damages strategy
- Represent you during hearings
- Negotiate potential settlements
Because brokerage firms are typically represented by experienced defense counsel, having your own representation is highly recommended.
Speak With a FINRA Arbitration Attorney
If you are considering filing a FINRA arbitration claim, The White Law Group may be able to help.
Our attorneys represent investors nationwide and have extensive experience handling securities arbitration claims involving broker misconduct and investment losses.
Call (888) 637-5510 today for a free consultation.
FAQs
How do I start a FINRA arbitration claim?
You start by filing a Statement of Claim with FINRA, outlining the misconduct and the damages you are seeking.
How much does it cost to file a FINRA arbitration claim?
Filing fees vary depending on the amount of damages claimed, but many investors work with attorneys on a contingency fee basis.
Can I file a FINRA claim without an attorney?
Yes, but it is generally not recommended due to the complexity of the process and the experience of opposing counsel.
How long do I have to file a claim?
In most cases, claims must be filed within six years of the event giving rise to the dispute, though exceptions may apply.
What happens if I win my case?
If you win, the arbitration panel will issue an award requiring the brokerage firm to pay damages.
Last modified: March 20, 2026
