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Member Arbitration Rules



SECTION 1. DEFINITIONS.
[Adopted effective February 18, 1992. Effective dates of amendments: May 1, 1994; March 1, 2002; September 9, 2002 and June 5, 2007.]

As used in these Rules:

(a) "Aggregate Claim" - means an Arbitration Claim plus any counterclaim, cross-claim and third-party claim filed in the same matter under these Rules.

(b) "Arbitration Claim" - means a claim filed by a person instituting the Arbitration proceeding.

(c) "Associate" - means a person who is registered with NFA as an Associate or was so registered when the acts or transactions that are the subject of the dispute occurred. (Under NFA Bylaws every person who is associated with a Member within the meaning of the term "associated person" as used in Section 4k of the Commodity Exchange Act, and who is required to be registered as such with the Commission, must register with NFA as an Associate.)

(d) "Claim" - means an Arbitration Claim, counterclaim, cross-claim or third-party claim filed under these Rules.

(e) "Claimant" - means a person making a proper and timely claim under these Rules.

(f) "Commission" - means the Commodity Futures Trading Commission.

(g) "Contract Market" - means an exchange designated by the Commission as a contract market in one or more commodities.

(h) "Cross-claim" - means a claim filed by one Respondent against a co-Respondent.

(i) "Hearings" - includes both oral hearing and summary proceedings, unless otherwise specified.

(j) "Member" - means a Member of NFA other than a contract market or a person that was a Member (other than a contract market) at the time the acts or transactions that are the subject of the dispute occurred.

(k) "NFA" - means National Futures Association.

(l) "Panel" - means the arbitration panel selected pursuant to Section 3 of these Rules.

(m) "Person" - includes individuals, corporations, partnerships, trusts, associations and other entities.

(n) "Pleading" - means an Arbitration Claim, counterclaim, cross-claim, third-party claim, Answer or Reply filed under these Rules.

(o) "President" - means the President of NFA.

(p) "Respondent" - means a person against whom a claim is asserted under these Rules.

(q) "Secretary" - means the Secretary of NFA.

(r) "Self-regulatory organization" - means a contract market, a registered national securities exchange, or a registered national securities association.

(s) "Third-party Claim" - means a claim filed by a Respondent against a person not a party to the action.

 
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