Le procedure di ADR nel settore finanziario: dalla Camera di Conciliazione e Arbitrato presso la CONSOB all'Arbitro per le controversie finanziarie

THE FRAMEWORK OF PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTIONS IN THE FINANCIAL SECTOR WAS SIGNIFICANTLY MODIFIED IN 2015. PARTICULARLY, THE CONSOB CONCILIATION AND ARBITRATION CHAMBER CEASED TO EXIST AND THE ARBITRATOR FOR FINANCIAL DISPUTES HAS BEEN ESTABLISHED. CONSEQUENTLY, STARTING FROM THE 9TH OF JANUARY 2017, A NEW INSTRUMENT HAS BEEN MADE AVAILABLE FOR THE EXTRAJUDICIAL SETTLEMENT OF DISPUTES REGARDING THE INFRINGEMENT BY BROKERS OF THE OBLIGATIONS OF DILIGENCE, HONESTY, INFORMATION AND TRANSPARENCY WHICH THEY ARE LEGALLY BINDING TO PURSUE IN THEIR DEALINGS WITH INVESTORS. AFTER REVIEWING THE WORK OF THE CONCILIATION AND ARBITRATION CHAMBER AND HIGHLIGHTING ITS CRITICALITIES, THIS ARTICLE OFFERS A FIRST READING OF THE NEW LEGISLATION. IT FOCUSES ON THE NEW INSTITUTION, ANALYZING PARTICULARLY ITS STRUCTURE, CHARACTERISTICS AND SCOPE OF WORK, AND EVALUATING THE PROCEDURES THAT TAKE PLACE BEFORE THE ARBITRATOR FOR FINANCIAL DISPUTES.