The Italian Banking and Financial Arbitrator Between Iurisdictio and Strengthening of the Supervisory Function

Posted: 29 May 2013

See all articles by Francesco Capriglione

Francesco Capriglione

Università degli Studi Guglielmo Marconi

Andrea Miglionico

Queen Mary University of London - Centre for Commercial Studies

Date Written: 2012

Abstract

Starting out from the current crisis which has affected the intermediaries-clients relationship and caused a massive litigation in the banking and financial sector, particularly in the Italian judicial system, this paper sets out to examine the normative framework of the Banking and Financial Arbitrator (A.B.F.). Specifically, the A.B.F. should pursue the aims of fair and impartial dispute resolution in line with the judicial character ascribable to decision-making by that body. However, the Bank of Italy is given the task of defining the composition and organisation of the organs of the Banking and Financial Arbitrator; a closer examination of the rules suggests that there are plenty of room for intervention by the Supervisory Authority with regard to the A.B.F. investigation procedure. It is evident as a result that there is a plausible risk of functionalisation of the activity carried out by the A.B.F. for purposes other that and different from those referable to aims of justice.

Suggested Citation

Capriglione, Francesco and Miglionico, Andrea, The Italian Banking and Financial Arbitrator Between Iurisdictio and Strengthening of the Supervisory Function (2012). European Business Law Review, p. 333, 2012, Available at SSRN: https://ssrn.com/abstract=2271068

Francesco Capriglione (Contact Author)

Università degli Studi Guglielmo Marconi ( email )

Via Plinio 44
Rome, RM 00100
Italy

Andrea Miglionico

Queen Mary University of London - Centre for Commercial Studies ( email )

67-69 Lincoln's Inn Fields
London, WC2A 3JB
Great Britain

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