NASD's proposed rule change requiring arbitrators to provide written explanations in arbitration awards upon the customers' request (the “explained award proposal”), which was published for public comment in July 2005, is the clearest example of NASD's proposing a rule change in response to investors' complaints. “We have found that investors want to know more about how a panel reaches its decision,” stated NASD Chairman and Chief Executive Officer Robert R. Glauber in announcing the explained award proposal. “By giving investors the option of requiring a written explanation of an arbitration panel's decision, we will increase investor confidence in the fairness of the NASD arbitration process.”
Jill I. Gross & Barbara Black, The Explained Award of Damocles: Protection or Peril in Securities Arbitration, 34 Sec. Reg. L.J. 17 (2006), available at http://digitalcommons.pace.edu/lawfaculty/847/.