MERRILL
LYNCH, ET AL. VS. CANTONE RESEARCH, INC., ET AL.
A-2680-10T1; A-2682-10T1;
A-2699-10T1(CONSOLIDATED)
In these consolidated appeals, we affirm four orders entered in the Law
Division, enjoining defendants from pursuing their third-party claims against
plaintiffs in two investor- initiated FINRA arbitrations, as well as denying
defendants' cross-motions to compel plaintiffs to arbitration. We hold that the Law Division has
the authority to determine "gateway" issues such as whether an
arbitration agreement exists between the parties, and whether FINRA's Customer
Code and Industry Code compel plaintiffs to arbitrate defendants' third- party
claims for contribution and indemnification. 06-27-12
