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A) Proposed Amendments to Sections 6 and 11 of NFA's Member Arbitration Rules (additions are underscored and deletions are stricken):
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SECTION 6. RIGHT TO COUNSEL.
- (a) A party may be represented at any time throughout the arbitration proceeding, including a mediation proceeding by an attorney-at-law licensed to practice law in the highest court of any state, by a family member or other person who is representing the party without compensation, or by an officer, partner or employee of the party.
SECTION 11. ARBITRATION FEES.
- (a) Filing and Hearing Fees.
Each Member or Associate filing a claim under these Rules shall pay a filing and hearing fee based on the amount claimed, including punitive and treble damages but exclusive of interest and costs, as follows:
|Amount of Claim||Filing Fee||Hearing Fee|
|$0.00 - $10,000.00||$750.00||$125.00|
|$10,000.01 - $20,000.00||$1,900.00||$200.00|
|$20,000.01 - $150,000.00||$4,400.00||$1,275.00|
|$150,000.01 - $500,000.00||$4,400.00||$2,550.00|
|More than $500,000.00||$4,400.00||$5,100.00|
- NFA will assess hearing fees for discovery conferences, hearing plan conferences, and preliminary or other hearing sessions. Where the hearing fees paid by the parties is not enough to cover the standard preset fees to be paid by NFA to the arbitrators, NFA shall collect additional fees to cover the fees to be paid to the arbitrators. If a case requires more than four days of hearing, the hearing fees will be twice the standard preset fees, unless the arbitrators order the fees to remain at the standard amount. The arbitrators, in their discretion, may assess the entire fee against any party or may divide the fee among any or all parties. Hearing fees shall be paid to NFA in advance of the hearing sessions to which they apply.
B) Resubmission of Proposed Amendments to NFA Financial Requirements
Because of its length, the resubmitted proposed amendments to NFA Financial Requirements are set forth in the Exhibit attached hereto.