On average, 70% of the claims brought by undertakings before the Banking and Financial Arbitrator (‘ABF’) is unsuccessful. Moving from this observation, we analyse the admissible claims that were successful on their merit, as well as the ABF’s decisions on them, to identify their main features. Our analysis seeks to shed light on the most conflicting aspects of the relations between undertakings and banks and, most importantly, to clarify how the ABF reaches a decision and why it dismisses appeals at such high rates. Ultimately, we contribute to the academic literature on the topic by identifying what it takes for an appeal before the ABF to be successful. Our analysis also provides some helpful indications that prospective claimants before the ABF can consider when drafting and submitting their claims.

Le imprese e l’equivoco ABF / Mosco, Gian Domenico; Lopreiato, Salvatore. - In: LUISS LAW REVIEW. - ISSN 2531-6915. - 2/2021(2021), pp. 7-37.

Le imprese e l’equivoco ABF

Gian Domenico Mosco
;
lopreiato
2021

Abstract

On average, 70% of the claims brought by undertakings before the Banking and Financial Arbitrator (‘ABF’) is unsuccessful. Moving from this observation, we analyse the admissible claims that were successful on their merit, as well as the ABF’s decisions on them, to identify their main features. Our analysis seeks to shed light on the most conflicting aspects of the relations between undertakings and banks and, most importantly, to clarify how the ABF reaches a decision and why it dismisses appeals at such high rates. Ultimately, we contribute to the academic literature on the topic by identifying what it takes for an appeal before the ABF to be successful. Our analysis also provides some helpful indications that prospective claimants before the ABF can consider when drafting and submitting their claims.
Le imprese e l’equivoco ABF / Mosco, Gian Domenico; Lopreiato, Salvatore. - In: LUISS LAW REVIEW. - ISSN 2531-6915. - 2/2021(2021), pp. 7-37.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11385/224581
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