Nearly all registered representatives’ contracts with their broker/dealers require them to resolve disputes in arbitration. They are also mandatorily arbitrable under FINRA Rules. In addition, many reps’ contracts contain non-compete provisions. The U.S. Supreme Court on November 26, 2012 issued a decision reaffirming that it is up to the assigned arbitrator to determine whether non-competition provisions are enforceable, and said courts cannot interfere and substitute their views for those of the arbitrators.
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