The Interministerial Committee for Credit and Savings has recently amended the Bank of Italy’s Provisions on the out-of-court dispute resolution procedure for banking and financial transactions and services, to be carried out before the Italian Banking and Financial Ombudsman (Arbitro Bancario Finanziario). The new measures will enter into application on 1st October 2020. Among the main novelties, it is worth mentioning: (i) changes to Arbitro’s temporal and value judicial jurisdiction (ii) the Arbitro’s Panel’s mandatory abstention from deciding on a case should practical needs arise, (iii) the possibility for the Arbitro’s Chairman to decide on a case whose key issues have already been decided upon according to a consolidated arbitration orientation, and (iv) the Bank of Italy’s authority to identify cases in which the appealed intermediary does not have to reimburse the filing fees to the appellant (even if the latter is successful).
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