Metodi stragiudiziali per la soluzione delle controversie in materia bancaria e finanziaria

The article goes through the legislative developments of those ADR systems, which have been implemented in Italy for the resolution of the disputes concerning banking and investment contracts; then it analyzes the existing procedural rules, focusing on the “Arbitro Bancario Finanziario” operating at Bank of Italy. In the second part, the article argues on the relationships between these ADR systems and the authorities regulating the corresponding relevant markets, as well as on the purposes pursued by the legislator, also taking into consideration the traditional jurisprudence and its values.