The Italian Banking Ombudsman (Arbitro Bancario Finanziario – ABF) is a permanent alternative dispute resolution board managed by the Bank of Italy and mainly financed by banks and financial intermediaries. Its task consists in applying the law to banking disputes, so as to roughly anticipate the outcome of an otherwise lengthy trial before a civil judge. Many commentators, however, believe that the ABF, instead of (and more than simply) deciding secundum iustitiam, ought to act as a sort of ancillary arm of the Supervisory Authority, completing its regulatory mission. This essay, authored by an academic who has served from 2013 to 2019 as an arbitrator within the Bank of Italy’s ADR board, witnesses the mechanism’s recent developments and retrenchments, focusing on their impact on the substantive rights of the parties and related procedural guarantees. It is also analyzed the role of economic reasoning in interpreting extremely technical rules such as the banking ones (eg. in determining the total cost of credit), having regard to their European common matrix.

Francesco Quarta (2019). L’EVOLUZIONE DELL’ARBITRO BANCARIO FINANZIARIO [The development of ADR mechanisms in Banking & Financial Disputes]. DIRITTO DEL MERCATO ASSICURATIVO E FINANZIARIO, 1/2019, 139-161.

L’EVOLUZIONE DELL’ARBITRO BANCARIO FINANZIARIO [The development of ADR mechanisms in Banking & Financial Disputes]

Francesco Quarta
2019

Abstract

The Italian Banking Ombudsman (Arbitro Bancario Finanziario – ABF) is a permanent alternative dispute resolution board managed by the Bank of Italy and mainly financed by banks and financial intermediaries. Its task consists in applying the law to banking disputes, so as to roughly anticipate the outcome of an otherwise lengthy trial before a civil judge. Many commentators, however, believe that the ABF, instead of (and more than simply) deciding secundum iustitiam, ought to act as a sort of ancillary arm of the Supervisory Authority, completing its regulatory mission. This essay, authored by an academic who has served from 2013 to 2019 as an arbitrator within the Bank of Italy’s ADR board, witnesses the mechanism’s recent developments and retrenchments, focusing on their impact on the substantive rights of the parties and related procedural guarantees. It is also analyzed the role of economic reasoning in interpreting extremely technical rules such as the banking ones (eg. in determining the total cost of credit), having regard to their European common matrix.
2019
Francesco Quarta (2019). L’EVOLUZIONE DELL’ARBITRO BANCARIO FINANZIARIO [The development of ADR mechanisms in Banking & Financial Disputes]. DIRITTO DEL MERCATO ASSICURATIVO E FINANZIARIO, 1/2019, 139-161.
Francesco Quarta
File in questo prodotto:
Eventuali allegati, non sono esposti

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/696387
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact