This article examines the NASD's proposal to change its Code of Arbitration Procedure to require NASD arbitrators to write explained awards upon the customer's request. The article evaluates the pros and cons of the proposal, and the policy reasons why such a rule change might be desirable. The...

In this essay, I examine recent Congressional efforts to ban pre-dispute arbitration clauses in securities brokerage account agreements and thus eliminate mandatory arbitration of customer-broker disputes. In the proposed Arbitration Fairness Act, Congress would ban such clauses in all consumer...