Effective Judicial Protection and Cross-Border Financial Disputes in Europe

A cura di: Marco Lamandini, David Ramos Munoz

Effective Judicial Protection and Cross-Border Financial Disputes in Europe

A Complex Status Quo

This volume provides an in-depth analysis of cross-border financial disputes within the European Union, exploring conflict, coordination, and competition among various legal systems. Featuring contributions from experts, the book examines how banking disputes, climate change litigation, and derivative disputes intersect with European, international, and domestic regulations.

Pagine: 420

ISBN: 9788835160434

Edizione: in preparazione 1a edizione 2024

Codice editore: 20389.2

Pagine: 420

ISBN: 9788835176565

Edizione:in preparazione 1a edizione 2024

Codice editore: 20389.2

Informazioni sugli open access

This volume provides an in-depth analysis of cross-border financial disputes within the European Union, exploring conflict, coordination, and competition among various legal systems.
Featuring contributions from experts, the book examines how banking disputes, climate change litigation, and derivative disputes intersect with European, international, and domestic regulations.
The book highlights the inconsistencies in court-based outcomes before national courts and effective judicial protection, addressing issues such as the liability of collective investment asset managers and the conflicts between public order and private ordering in derivative contracts.
It also delves into the emergence of specialized tribunals and the visible trends in judicial protection for financial disputes.

Marco Lamandini is Full Professor of Law at Alma Mater Studiorum, University of Bologna. Vice Chair of the Academic Board EBI and Member of the Academic Board of ECMI/CEPS. Former (the second) Chair of the Joint Board of Appeal of the European Financial Supervisory Authorities. Member of the SRB Appeal Panel. He has recently co-authored, with David Ramos Muñoz, Finance, Law and the Courts (OUP, 2023) and co-edited, with Bart Joosen and Tobias Troeger, Capital and Liquidity Requirements for European Banks (OUP, 2022).

David Ramos Muñoz is Associate Professor at Universidad Carlos III de Madrid, and a regular collaborator at the University of Bologna. He has recently co-authored, with Marco Lamandini Finance, Law and the Courts (OUP, 2023), and co-edited with Agnieszka Smolenska Green Bonds. A European Perspective. A fellow member ad personam of the European Banking Institute (EBI), European Law Institute (ELI) and the International Law Association (ILA), a member of the SRB Appeal Panel, Alternate Member of the ESAs Joint Board of Appeal and expert for IMF and European Parliament.


Part I. Effective Judicial Protection and Cross-Border Financial Disputes in Europe: A Complex Status Quo
Massimo V. Benedettelli, Cross-border financial disputes in the European Union. Concurrence, conflict, coordination and competition among legal systems
Caterina Benini, European, international, and domestic means of adjudication of bail-in disputes and their coordination: some remarks in light of Banco Popular
Maria Pilar Perales Viscasillas, Climate change litigation in the financial sector and remedies: a crossroad among different worlds
David Ramos Munoz, Cross border elements of disputes over derivatives: cooperation, friction, and geopolitics
Part II. Financial disputes, inconsistencies of court-based results before national courts, and effective judicial protection
David Ramos Munoz, Disputes over derivatives contracts: public order v. private ordering
Filippo Annunziata, Liability of collective investment asset managers
Federico Della Negra, Investment advice in EU financial services regulation and the civil effects of breach of regulatory duties
Elia Cerrato Garcia, Green promises and sustainability financial disputes: commonalities and inconsistencies of a growing case law in the making
Marco Lamandini, David Ramos Munoz, Bankia, private law disputes in the law of finance and the illusion of a Capital Market Union (and a Banking Union) without fully harmonized civil remedies?
Francesca Pellegrini, Regulation of crypto-assets and evolving crypto litigation in the European Union and in the United States
Part III. Effective judicial protection for financial disputes and specialised for a in the making. The first visible trends
Marco Lamandini, David Ramos Munoz, From the merchant courts to hybrid commercial courts. A (provocative) idea for a test-case: an EU hybrid court for privatelaw disputes in the law of finance, and how?
Marco Lamandini, David Ramos Munoz, A promise kept? The first years of experience of the Appeal Panel of the SRB
Marco Lamandini, David Ramos Munoz, Some reflections on the standard of review in the experience of the ESAs Joint Board of Appeal and of the SRB Appeal Panel
Francesca Pellegrini, Effective judicial protection for financial disputes and specialized fora in the making: online justice
Sara Scordo, The global trends towards judicial specialisation in commercial and intellectual property field.

Contributi: Filippo Annunziata, Massimo V. Benedettelli, Caterina Benini, Elia Cerrato Garcia, Federico Della Negra, Francesca Pellegrini, Maria Pilar Perales Viscasillas, Sara Scordo

Collana: Collana del Dipartimento di Sociologia e Diritto dell’Economia Università di Bologna

Argomenti: Diritto, giustizia

Livello: Studi, ricerche

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