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Who decides whether the case is litigated in court or arbitration?
Many customers sign an arbitration agreement when they open an account. If they signed an arbitration agreement the forum to litigate the matter will be through some type of arbitration forum. The two most popular forums are the NYSE and NASD. If an arbitration agreement was not signed the customer might have the option to litigate in the courts or by arbitration. The majority of cases are heard by an arbitration panel.
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