17 C.F.R. § 12.1

Scope and applicability of rules of practice relating to reparations

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(a) Part 12 Reparation Rules. These rules of practice are applicable to reparation applications filed pursuant to section 14 of the Commodity Exchange Act, as amended, 7 U.S.C. section 18. The rules in this part shall be construed liberally so as to secure the just, speedy and inexpensive determination of the issues presented with full protection for the rights of all parties.

(b) Other rules of practice. Unless specifically made applicable, other Rules of Practice promulgated under the Commodity Exchange Act, as amended, shall not apply to reparation matters.

(c) Applicability of these part 12 Reparation Rules. These rules shall apply in their entirety to all reparation complaints and matters relating thereto.

[49 FR 6621, Feb. 22, 1984, as amended at 59 FR 9635, Mar. 1, 1994]

Notes of Decisions

Cited in 6 cases, 1977–1988 · leading case: Rothberg v. Loeb, Rhoades & Co., 445 F. Supp. 1336 (S.D.N.Y. 1978).

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Rothberg v. Loeb, Rhoades & Co., 445 F. Supp. 1336 (S.D.N.Y. 1978). · cites it 3× “In addition, the rules relating to reparation proceedings, 17 C.F.R. § 12.1 et seq. (1977), provides that they “shall be construed liberally so as to secure the just, speedy and inexpensive determination of the issues presented with full protection for the rights of all parties…”

Bache Halsey Stuart, Inc. v. French, 425 F. Supp. 1231 (D.D.C. 1977). · cites it 2× “V, 1975) and governing regulations, 17 C.F.R. § 12.1 et seq., 41 Fed.Reg. 3994 (January 27, 1976).”

Rosenthal & Co. v. Commodity Futures Trading Comm'n, 614 F.2d 1121 (7th Cir. 1980). “See 17 C.F.R. § 12.1 (1979); Hall v. Crown Colony Commodity Options, Ltd.”

Myron v. Hauser, 673 F.2d 994 (8th Cir. 1982). “CFTC rules promulgated under that section are found in 17 C.F.R. § 12.1 -.102 (1979). Under the Act, any person may file a complaint with the CFTC alleging a violation of the Act or of CFTC rules, regulations or orders.”

Clayton Brokerage Co. v. Bunzel, 820 F.2d 1459 (9th Cir. 1987). “84 (e) (1983) (The 1984 amendments to these regulations do not apply, in most respects, to reparation complaints filed before April 23, 1984, see 17 C.F.R. § 12.1 (c) (1984)). The date that this decision becomes effective, however, is the date specified in the “final order” —…”

Fielding v. Index Futures Grp., Inc., 699 F. Supp. 416 (S.D.N.Y. 1988). “§ 18 and 17 C.F.R. § 12.1 , by filing a complaint with the Commodity Futures Trading Commission (“CFTC”) seeking $3,000,000 in damages for violations of the CEA and CFTC rules and regulations.”

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