Arbitrator Update

January 2016 Issue

Table of Contents:

Arbitrator Profile: Ernest (Ernie) Badway

Update Your Profile

Statistics

Arbitrator Profile: Ernest (Ernie) Badway

With NFA Arbitrator Ernie Badway's experience, he is a veritable encyclopedia of knowledge.

His first entry is B, for Boston University, where he graduated with both a B.A. and an M.A. After obtaining these degrees, Ernie attended Duke University School of Law. He then worked in New York for a large law firm before beginning his career in the financial industry as an SEC Division of Enforcement attorney in the mid-1990s.

Since leaving the SEC in the late 1990s, Ernie has continued to practice law. He is currently a partner and serves as co-chair of the Securities Industry Practice at Fox Rothschild LLP in New York.

In 2001, Ernie added an entry under A. His experience representing several parties in CFTC investigations and NFA arbitration matters led him to apply to become an NFA arbitrator. Though the responsibility that comes with receiving appointments was initially nerve-wracking, he has since come to appreciate the process.

"The process itself protects the parties very well," Ernie explains. "NFA's arbitration program is run so efficiently and pragmatically, it is a pleasure when I receive emails asking for me to serve on panels."

In addition to serving as an NFA arbitrator, Ernie is also a FINRA arbitrator, a member of the Royal Chartered Institute of Arbitrators, and an arbitrator for several private arbitration organizations.

"I have thoroughly enjoyed my NFA experience," says Ernie, "and have always found the matters I have been assigned interesting and challenging."

When not at his firm or serving as an arbitrator, Ernie enjoys spending time with his wife and two daughters. He is also an adjunct assistant professor of law at Brooklyn Law School teaching a course in Securities Enforcement. Finally, he is not only a living encyclopedia of expertise; he is also an author who published one. In addition to publishing multiple articles in law journals and industry publications, his most recent book, published in May 2015, is the Encyclopedia of New York Causes of Action: Elements and Defenses.

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Update Your Profile

You may be wondering why you haven't heard from NFA recently. Although our case load is slightly up from last year, as you can see by the statistics below, we are still low on cases.

Despite these low case numbers, we still need arbitrators to serve on panels. In order for you to be considered for a panel, it is imperative that NFA has your current information on file. A new year is the perfect time to review the information you provided in your Arbitrator Profile and update it as needed. If you've forgotten your user name or password or have trouble logging in, please contact NFA's Arbitration Department by calling 877-731-5300.

As part of this update, verify that your answers to the questions found under the "Classify" tab are up-to-date. After reviewing and updating as needed, please date and save the information on this tab, even if you haven't made changes. This allows NFA to know that you've recently verified the accuracy of these questions.

In addition to updating the information in the "Classify" tab, please answer the regulatory questions found under the "Regulatory" tab, and be sure to click "Submit to NFA."

Having current information on file is essential, because when a customer files a claim, the customer specifies whether he or she wants a Member or non-Member panel to hear the claim. NFA determines an arbitrator's classification based on the information contained in the Arbitrator Profile. Because this information changes frequently, all NFA arbitrators should review it every year or each time you serve, whichever is more frequent.

Thank you for thoroughly reviewing and updating your profile.

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Statistics

NFA received 46 claims in calendar year 2015, an increase compared to the previous year's total of 29 claims. Please visit NFA's website for the most recent statistical data on NFA arbitration filings.