CME
and CBOT have adopted amendments to CME and CBOT Rule 618 (“Satisfaction of Award”) related to the
requirements concerning the satisfaction of arbitration awards ordered by panels of the Arbitration
Committee. The revisions 1) require that monetary awards be paid
within 15 days of receipt of the notice of decision; 2) require that proof of payment be provided
to the Market Regulation Department no later than the business day following the payment; and 3)
provide for a denial of certain privileges if proof of payment is not submitted within the required
timeframe by members and member firms. In order to allow members sufficient time to arrange
for full payment of the award, the payment timeframe has been extended from 3 to 15 days.
Harmonizing
amendments have also been made to Rule 619 (“Appeal”) requiring a party appealing an arbitration
decision to deposit an amount equal to the award with the exchange within 15 days. Additionally, the current 14-day provision for the
filing of arguments and documents in support of and in opposition to an appeal has been increased
to 15 days.
The
amendments are effective immediately. The amendments are set forth below, with additions
underscored and deletions overstruck.
618. SATISFACTION OF AWARD
In the absence of any request to correct an award, the award must be
satisfied within three days of receipt of the notice of decision.
A
ny
party directed to pay an award shall submit payment of
any
the
amount
s
due directly to the p
erson
arty
receiving the award
.
and shall also submit evidence of such payment to the Market Regulation
Department.
An arbitration award must be satisfied within
15
days
of receipt of the notice of decision. If a request is made to correct an award
pursuant to Rule 6
17
, the award must be satisfied within
15
days of receipt of
the
corrected notice of decision
.
A party making payment must submit proof of payment to the Market Regulation
Department no later than the business day following payment. An individual member who fails to provide proof of
payment within the time prescribed will forfeit the privileges of access to the trading floor,
access to the Globex trading platform and preferred fee treatment until proof of payment has been
provided. An entity member that fails to provide proof of
payment with
in
the time prescribed will forfeit preferred
fee treatment for its proprietary trading. Any member that fails to pay an
arbitration
award within the time p
rescribed may be subject to sanctions
pursuant to Rule 432.
R
.
619. APPEAL
Any
decision rendered in a dispute among members resulting in a non-cash award or involving a claim,
counterclaim, cross-claim or third-party claim that sought a recovery over $10,000 may be appealed
to a hearing committee of the Board. All other decisions rendered by an arbitration panel
are final and may not be appealed. In order to appeal a decision, a party must, within
three business days
of
after
recei
pt
ving
a copy
of the
notice
of
the
decision
:
, file
with the Market Regulation Department
a written notice stating the grounds for
the appeal based upon the standards set forth in Rule 620 and deposit the applicable fee
established by the Exchange.
W
ithin
15
days
of receipt of the notice of decision
,
the appellant must
deposit with the Market Reg
ulation Department a cashier’s or certified
check payable to CME Group
in the amount of any monetary award against
such appellant.
A. File with the Market Regulation Department
a written notice stating the grounds for appeal based upon the standards set forth in Rule 620,
and
B. Deposit with the Market Regulation Department
the applicable fee established by the Exchange, together with a cashier's or certified check
payable to CME in the amount of any monetary award against the appellant.
Failure
to timely comply with these requirements for appeal, when applicable, shall constitute a waiver of
any right to appeal and render the arbitrators’ decision final and binding.
Within
14
5
days after filing a notice of appeal, the appellant shall file with the Market Regulation
Department any argument and any documents or information that the appellant intends to use in
support of the appeal. The appellee shall have 14
5
days thereafter to file whatever documents or information he intends to rely upon in
opposition to the appeal. An extension beyond the 1
4
5
-day filing period may be granted by the Market Regulation Department upon a showing of
good cause. In the case of a non-cash award, the filing of the
notice of appeal shall not stay the decision appealed from unless the panel from which the appeal
is taken or the Chief Regulatory Officer specifically directs that the decision be stayed.
[The
remainder of the rule is unchanged.]
Questions
concerning the amendments should be directed to Michael Conti, Market Regulation Attorney, at
312.435.3648.
|