Skip Navigation Links

Arbitration Details

MORGAN STANLEY DW INC NFA ID: 0002490

An NFA Arbitration claim is a futures or forex related dispute involving a customer and an NFA Member (or employee) or Associate. It is not a regulatory action.
NFA only discloses information concerning arbitration cases that have been decided by an arbitration panel. NFA does not release the names of parties who have settled their parts in the cases. Furthermore, NFA does not report or release information on cases that closed before January 1, 1990, cases that are still pending, or cases that were settled, withdrawn or rejected. Therefore, the number of NFA Arbitration Decisions reflects the total number of claims filed in NFA Arbitration that were decided by an arbitration panel. These decisions may have been decided in favor of the Claimant or Respondent.
Effective January 1, 2000, NFA discloses the names of persons who represent parties in NFA customer arbitration proceedings if the matters were decided by an arbitration panel. As of the same date, customers may no longer ask NFA to keep their identities confidential.

Case Summary
 Case No.FiledDecision DateProduct
 05ARB0005704/22/200506/05/2006
Summary of Parties
 CustomersMembersRepresentatives
• DELBERT DUNMIRE•  MORGAN STANLEY DW INC• W BRANDT
• DOUGLAS CARTER
• KATHLEEN HARDEE
• RICK PAUL
Proceeding Details
 Panel TypeNumber of ArbitratorsProceeding TypeLocation (City, State)
 NON-MEMBER3HEARINGKANSAS CITY, MO
Summary of Awards and Claims
 Type Claim Amount Counter Claim 3rd Party Claim Cross Claim
 
Compensatory
Punitive
Treble
Interest
Attorney Fees
Costs
 Claim Award
$2,000,000.00$0.00
$0.00$0.00
$0.00$0.00
NA$0.00
NA$0.00
NA$0.00
 Claim Award
$1,394,198.28$0.00
$0.00$0.00
$0.00$0.00
NA$0.00
NA$0.00
NA$0.00
 Claim Award
$0.00$0.00
$0.00$0.00
$0.00$0.00
NA$0.00
NA$0.00
NA$0.00
 Claim Award
$0.00$0.00
$0.00$0.00
$0.00$0.00
NA$0.00
NA$0.00
NA$0.00
Summary of Issues
The following issues were presented by the parties and decided by the undersigned Arbitrators:

1) Claimant's causes of action: violation of NFA regulations, breach of contract, breach of fiduciary duty, negligence, negligent supervision, negligence per se, and request for interest, costs, and attorney's fees.

2) Respondent's causes of action: motion for directed verdict, breach of contract, account stated, request for interest, costs, and attorney's fees.

We, being unanimous, as the arbitrators selected to hear and determine this matter, in accordance with the Code of Arbitration of National Futures Association, hereby determine the following:

1) Delbert L. Dunmire's ("Dunmire") claims against Morgan Stanley DW, Inc. ("MSDW") are hereby denied and dismissed with prejudice. All other relief is denied.

2) MSDW's motion for directed verdict and MSDW's claims against Dunmire are hereby denied and dismissed with prejudice. All other relief requested is denied.

Each party shall bear its own costs and fees as incurred.

 
NFA is the premier independent provider of efficient and innovative regulatory programs that safeguard the integrity of the derivatives markets.