In Shearson/American Express, Inc. v. McMahon, the Supreme Court decided that federal securities claims under the Securities Exchange Act of 1934 (1934 Act or Exchange Act) are arbitrable. Since McMahon, there has been a flurry of activity in, and focus upon, the general area of arbitration of public securities disputes. This activity has generated particular interest in such subjects as: arbitration forums; pre-trial procedures and discovery; remedies and relief; composition of panels; training, background and evaluation of arbitrators; and the rendering of written opinions. In discussing many of these areas, this Article will track the history of securities arbitration before McMahon, analyze the McMahon decision, and explore possible solutions and alternatives which may help forge the pattern of securities arbitration in the future.
Constantine N. Katsoris,
Securities Arbitration After McMahon,
16 Fordham Urb. L.J. 361
Available at: http://ir.lawnet.fordham.edu/ulj/vol16/iss3/1