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ADR Systems in the Banking and Financial Markets

  • Abstract

Informations and abstract

Keywords: ADR Systems; Consumer Protection; Market Regulation; Banking Law; Financial Services; Civil Liability; Deterrence.

The article deals with the variety of organizational models which characterize ADR entities and the different kind of services they provide within the banking and financial market. In the author's opinion, such entities carry out a function which may be depicted more as quasi-regulatory than as quasi-judicial. This assumption would bring to a number of consequences (no confidentiality of their decisions, duty of each national bank taking part in the Banking Union to establish one own ADR entity, interplay between ADR entities and supervisory authorities). Finally, the substantive law applicable by ADR systems within the banking and financial market should aim overwhelmingly at achieving behavioral outcomes. Civil liability of the traders, in particular, should be assessed as to further best practice and to pursue goals of deterrence.

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