The regime of the proceeding before the ABF provides for a sequence of acts aimed at the effective and material satisfaction of the claimant’s right in compliance with the ABF’s assessment, i.e. the definition of the modalities and the material protection granted by the rules and principles laid down in the ABF’s decision..It must, therefore, be brought back into the hive of a measure, and its limits, within which it is allowed to obtain goods and interests even outside and regardless of the civil trial. Placed within an out-of-court proceeding seeking to satisfy the claimant’s right, the ABF’s ruling amounts to a decision of the dispute with a binding nature which is not comparable to that of a judgment, because the proceeding has been outlined by imposing, through reputational penalties, not the compliance with the decision, but the satisfaction, in the terms established by the Board, of the claimant’s right by the intermediary. Therefore, the Board’s decision, on one hand, lives in the ephemeral dimension of the proceeding, since it is destined to be overtaken by the spontaneous compliance, even if it is required by the intermediary, that is, to become the reason behind the reputational penalty arising from the failure to comply with the ABF system to which the intermediary has adhered, undertaking the obligation to comply therewith. On the other, it remains a source of supervisory guidance and specification of the guidelines that must be respected by intermediaries irrespective of the claimant’s request, with the consequent conformation of the conducts of the intermediaries, thereby showing an obvious regulatory content that goes beyond the narrow horizon of the specific dispute.

Il procedimento di attuazione dei diritti innanzi all’Arbitro bancario finanziario

Federico Andrea
2019

Abstract

The regime of the proceeding before the ABF provides for a sequence of acts aimed at the effective and material satisfaction of the claimant’s right in compliance with the ABF’s assessment, i.e. the definition of the modalities and the material protection granted by the rules and principles laid down in the ABF’s decision..It must, therefore, be brought back into the hive of a measure, and its limits, within which it is allowed to obtain goods and interests even outside and regardless of the civil trial. Placed within an out-of-court proceeding seeking to satisfy the claimant’s right, the ABF’s ruling amounts to a decision of the dispute with a binding nature which is not comparable to that of a judgment, because the proceeding has been outlined by imposing, through reputational penalties, not the compliance with the decision, but the satisfaction, in the terms established by the Board, of the claimant’s right by the intermediary. Therefore, the Board’s decision, on one hand, lives in the ephemeral dimension of the proceeding, since it is destined to be overtaken by the spontaneous compliance, even if it is required by the intermediary, that is, to become the reason behind the reputational penalty arising from the failure to comply with the ABF system to which the intermediary has adhered, undertaking the obligation to comply therewith. On the other, it remains a source of supervisory guidance and specification of the guidelines that must be respected by intermediaries irrespective of the claimant’s request, with the consequent conformation of the conducts of the intermediaries, thereby showing an obvious regulatory content that goes beyond the narrow horizon of the specific dispute.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11588/898037
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