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GAO-01-162R 1 (2000-11-09)

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         Accountability * Integrity * Reliability
United States General Accounting Office
Washington, D.C. 20548



                  November 9, 2000

                  The Honorable John D. Dingell
                  Ranking Minority Member
                  Committee on Commerce
                  House of Representatives

                  Dear Mr. Dingell:

                  Subject: Procedures for Updating Arbitrator Disclosure Information

                  This report responds to your March 23, 2000, request that we evaluate the effectiveness of the
                  National Association of Securities Dealers' (NASD) subsidiary, NASD Dispute Resolution, Inc.
                  (NASD-DR), procedures for updating biographical information that its arbitrators submit.'
                  You specifically cited an incident in which NASD-DR staff did not enter updated information
                  on the employment status of one arbitrator into its arbitrator disclosure information
                  database. This resulted in the parties in arbitration not receiving the updated information
                  until after their case had begun. You expressed concern about whether NASD-DR had
                  implemented a procedure to ensure prompt updating of this database that would prevent
                  recurrences of this type of incident.


                  Results in Brief

                  Late in 1998, NASD-DR began to improve the way it handles the background information
                  updates that its arbitrators submit. It assigned responsibility for entering this information into
                  its arbitrator disclosure information database to specific staff members in each of its offices,
                  required that the data be entered within 3 days of receipt, and conducted random spot-checks
                  of the data entered. Although these changes reduced the potential for untimely or inaccurate
                  data entry, they could not ensure that all data submitted by about 7,000 arbitrators to any of
                  NASD-DR's offices by mail, telephone, or e-mail would be entered in a timely and accurate
                  manner. To further reduce the potential for error, NASD-DR plans, beginning late in 2000, to
                  (1) introduce a form that will allow arbitrators to submit update information electronically
                  and (2) centralize processing of the information in its Department of Neutral Management,
                  the unit responsible for administering arbitrator training and selection activities. Since NASD-
                  DR has made improvements and plans to initiate additional improvements to its procedures
                  for updating arbitrator disclosure information, we are not making any further
                  recommendations at this time.


                  In July 2000, NASD-DR became operational as a subsidiary of NASD. NASD-DR administers NASD arbitration, mediation, and
                  other alternative dispute resolution services.


GAO-01-162R Arbitrator Disclosure Information


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