Hi,
I want to open a live account in the u.s. as an european.
Can anyone tell me more about the "Arbitration Agreement".
I ask because it's an optional agreement. It's not neccessary to agree with it to open an account.
Can anyone tell me something about the advantages and the disadvantages?
Thanks
scratch
I want to open a live account in the u.s. as an european.
Can anyone tell me more about the "Arbitration Agreement".
I ask because it's an optional agreement. It's not neccessary to agree with it to open an account.
Can anyone tell me something about the advantages and the disadvantages?
Inserted Code
I/We ("Customer") agree that any claim, grievance or controversy arising
out of or relating to Customer(s) Account, to transactions pursuant to the
Customer Agreement or the breach thereof, shall be settled by arbitration
in accordance with the rules of the National Futures Association, the
American Arbitration Association, or the exchange upon which the transaction
giving rise to the claim was executed. If Customer does not make such
election by registered mail addressed to Broker at Broker's main office
within forty-five days after demand by Broker that Customer make such
election, then Broker may make such election. Broker agrees to pay any
incremental fees that may be assessed by the forum for the provision of
a "mixed panel" of arbitrators, unless the arbitrators determine that
Customer has acted in bad faith in initiating or conducting the proceedings.
Judgment upon any award rendered by the arbitrators may be entered in any
court having jurisdiction thereof. If Customer seeks reparations under
Section 14 of the Commodity Exchange Act (the "Act") and the CFTC (defined
below) declines to institute reparation proceedings, the claim or grievance
will be subject to this arbitration agreement. Any aspects of the claims or
grievances that are not subject to the reparations procedures (that is, do
not constitute a violation of the Act or rules there under) may be
required to be submitted to the arbitration procedure set forth in this
agreement.
THREE FORUMS EXIST FOR THE RESOLUTION OF COMMODITY DISPUTES: CIVIL COURT
LITIGATION, REPARATIONS AT THE COMMODITY FUTURES TRADING COMMISSION (CFTC)
AND ARBITRATION CONDUCTED BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION.
THE CFTC RECOGNIZES THAT THE OPPORTUNITY TO SETTLE DISPUTES BY ARBITRATION
MAY IN SOME CASES PROVIDE MANY BENEFITS TO CUSTOMERS, INCLUDING THE ABILITY
TO OBTAIN AN EXPEDITIOUS AND FINAL RESOLUTION OF DISPUTES WITHOUT INCURRING
SUBSTANTIAL COSTS. THE CFTC REQUIRES, HOWEVER, THAT EACH CUSTOMER INDIVIDUALLY
EXAMINE THE RELATIVE MERITS OF ARBITRATION AND THAT YOUR CONSENT TO THIS
ARBITRATION AGREEMENT BE VOLUNTARY.
BY CHECKING THE BOX BELOW, YOU: (1) MAY BE WAIVING YOUR RIGHT TO SUE IN A
COURT OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS
OR COUNTERCLAIMS WHICH YOU OR Broker MAY SUBMIT TO ARBITRATION UNDER THIS
AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO
PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14
OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE
ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU
WILL BE NOTIFIED IF BROKER INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION.
IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND
IF YOU PREFER TO REQUEST A SECTION 14 "REPARATIONS" PROCEEDING BEFORE THE
CFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE
THAT ELECTION. SEE 17 CFR 180.1-180.5.
YOU NEED NOT SIGN THIS AGREEMENT TO OPEN AN ACCOUNT WITH Broker. Thanks
scratch