SEC Panel Calls for Tighter Limits on RIAs' Mandatory Arbitration Clauses

Posted on July 2nd, 2025 at 2:16 PM
SEC Panel Calls for Tighter Limits on RIAs' Mandatory Arbitration Clauses

From the desk of Jim Eccleston at Eccleston Law

AdvisorHub reports that the Securities and Exchange Commission’s Investor Advisory Committee has finalized a recommendation urging the Securities and Exchange Commission (“SEC”) to rein in the use of mandatory arbitration clauses by registered investment advisers (“RIA”s). After raising concerns over two years ago, the committee voted to formally advise the SEC to improve fairness and transparency in how customer disputes are handled.

The recommendation outlines four key actions. First, the SEC should align arbitration standards for RIAs with existing Financial Industry Regulatory Authority (“FINRA”) rules governing broker-dealers. Those rules prohibit class action waivers and require arbitration hearings to take place near the client’s residence.

Second, RIAs should notify clients of any mandatory arbitration clauses and disclose arbitration outcomes. The committee also called for a requirement that RIAs include arbitration provisions within their Form ADV disclosures. Third, the SEC should establish a publicly accessible, searchable database of arbitration awards for RIAs, similar to FINRA’s existing arbitration records and BrokerCheck disclosures for broker-dealers.

Finally, the committee urged the SEC to investigate RIA arbitration practices further and produce educational resources to help investors understand arbitration procedures and identify key questions to raise with their advisers.

As reported by AdvisorHub, the recommendations follow a 2023 study examining 579 advisory agreements. The findings revealed that 61 percent contained mandatory arbitration clauses, with several including troubling provisions — such as requiring customers to bear arbitration costs, limiting potential damages, or restricting types of claims. Notably, 97 percent of these agreements failed to factor in the client’s location when selecting hearing venues.

Although the Investor Advisory Committee does not set regulatory policy, it made clear that applying consistent arbitration protections across both investment advisers and brokerage firms aligns with an adviser’s fiduciary duty to act in the client’s best interest, according to AdvisorHub.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

December 22, 2025
FINRA Overhauls Arbitration Rules to Rebalance Arbitrator Selection and Codify Forum Practices

The Financial Industry Regulatory Authority (FINRA) has approved significant amendments to its Codes of Arbitration Procedure designed to rebalance public arbitrator selection, increase transparency, and formalize several long-standing practices in the arbitration forum.

December 19, 2025
Industry Groups Press Senate at Advance Financial Exploitation Prevention Act

Several industry associations are urging the U.S. Senate to pass the Financial Exploitation Prevention Act, legislation that would allow mutual fund companies and their transfer agents to delay redemptions when they reasonably suspect elder financial abuse.

December 18, 2025
UBS Warns of Rising Default Risk in Private Credit

A UBS report signals that credit stress likely will intensify next year as borrowers confront inflation, elevated interest costs, and softening consumer conditions.