Ghayoori v. Cobra Trading Inc
2:25-cv-00021
W.D. Wash.May 28, 2025Background
- Arash Ghayoori, a customer at Cobra Trading, Inc., established a margin trading account and suffered a significant negative balance allegedly due to unauthorized trades and a large withdrawal.
- Cobra initiated FINRA arbitration to recover the negative balance following alleged attempts to contact and serve Ghayoori, who had relocated and changed contact details.
- Arbitration materials were served via FINRA’s DR Portal, email, and mailed to listed addresses; attempts at personal service were unsuccessful.
- The FINRA panel ruled service was proper and, after a hearing Ghayoori did not attend, awarded Cobra $353,913.50 plus interest and costs.
- Ghayoori petitioned to vacate the arbitration award in federal court, arguing improper service and venue, and that arbitrators exceeded their authority.
- Cobra sought to confirm the award under the Federal Arbitration Act (FAA).
Issues
| Issue | Ghayoori's Argument | Cobra's Argument | Held |
|---|---|---|---|
| Whether Ghayoori received adequate notice of the case | Service was deficient, used a defunct email, thus deprived of fair notice and participation | Service complied with FINRA rules and due process; multiple reasonable attempts were made | Service was proper; due process met |
| Whether venue for arbitration was improper | Venue was improper and prejudiced his rights | Venue selection was proper under FINRA rules (closest to last known residence) | Venue was proper; no prejudice shown |
| Whether arbitrators exceeded their authority or disregarded the law | Service and venue defects meant panel lacked jurisdiction | Panel acted within rules and authority; no manifest disregard for law | Authority not exceeded; no manifest disregard |
| Whether additional grounds warranted vacatur or continuance | Default judgment, res judicata, waiver, cumulative errors, need for discovery | Award was not default, no relitigation, counterclaim restated existing request, proper process | No merit; all additional motions denied |
Key Cases Cited
- Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987 (9th Cir. 2003) (Judicial review of arbitration awards is extremely limited under the FAA)
- Bosack v. Soward, 586 F.3d 1096 (9th Cir. 2009) (Vacatur only if arbitrators act completely irrationally or manifestly disregard the law)
- United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010) (Due process requires notice reasonably calculated to inform, not actual notice)
- Gingiss Int’l, Inc. v. Bormet, 58 F.3d 328 (7th Cir. 1995) (Inadequate notice is not a valid basis for vacating an arbitration award under the FAA)
