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Published byBernard Rich Modified over 8 years ago
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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 Dr Georges Affaki 2016 P.R.I.M.E. Finance Annual Conference 25 & 26 January, Peace Palace, The Hague
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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.
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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.
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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.
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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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