Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. Assume that James appeals the decision of the arbitrators to a state court. He wants to argue that using the New York Stock Exchange rules was unfair to him. Most likely, James will:
A) win hands down; the rules are unfair
B) win, if he shows that the rules favor stockbrokers
C) win, based on the legal doctrine of res judicata
D) lose, because the arbitrators were acting like judges
E) lose, because the courts routinely uphold arbitration proceedings

Question

Quizplus · Accepted Answer

The best choice is E because the courts generally uphold arbitration agreements and awards, as they are seen as a way to resolve disputes outside of the court system. Unless James can provide evidence of fraud, bias, or misconduct, the court is likely to uphold the arbitration agreement and decision. The fact that the arbitration was conducted under the rules of the New York Stock Exchange is not in itself an indication of unfairness.

Fact Pattern 3-2 Ellen Contracts with James to Be Her Stockbroker, Making Stock