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P.R.I.M.E. Finance Panel of Recognized International Market Experts in Finance Arbitrating Regulatory Claims: a new role for P.R.I.M.E. Finance Professor.

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Presentation on theme: "P.R.I.M.E. Finance Panel of Recognized International Market Experts in Finance Arbitrating Regulatory Claims: a new role for P.R.I.M.E. Finance Professor."— Presentation transcript:

1 P.R.I.M.E. Finance Panel of Recognized International Market Experts in Finance Arbitrating Regulatory Claims: a new role for P.R.I.M.E. Finance Professor Dr Georges Affaki 2016 P.R.I.M.E. Finance Annual Conference 25 & 26 January, Peace Palace, The Hague

2 Transactional Disputes v. Regulatory Disputes The role of PRIME Finance in financial transactional disputes. Financial regulatory disputes. – Regulatory enforcement actions: why is it a no fit? – Changing the prism: holding the regulator accountable for misfeasance. A lookback into formidable difficulties. Yet, PRIME Finance could be a credible option.

3 Arbitration Without Privity Investor-State investment arbitration and regulatory claims. Holding the bank/financial market regulator accountable. – A lookback into investment treaty claims against bank regulators. – Each case stands on its own merits and the particular terms of the relevant treaty. PRIME Finance and the generic reference to “arbitration” in investment treaties.

4 A Look into the Future: BRRD and Resolution Claims Directive 214/59/EU of 15 May 2014. The Fair and Equitable Treatment Standard. – Transparency, – Stability and the investor’s legitimate expectations, – Compliance with contractual obligations, – Procedural propriety and due process, – Acting in good faith, and – Freedom from coercion and harassment.

5 P.R.I.M.E. Finance Panel of Recognized International Market Experts in Finance 2016 P.R.I.M.E. Finance Annual Conference 25 & 26 January, Peace Palace, The Hague


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