Will Murphy Comment On Regulatory Notice 26-06
For complex or unusually large claims, perhaps parties should be able to request a selection of arbitrators that all have had at least three cases go to an award after a final hearing.
If all parties have agreed to take FINRA arbitration off the table, I see no reason they should not be able to enforce such an agreement.
I see no reason to take any class of disputes out of FINRA arbitration.