The official site of Italy's central bank

No. 68 - Alternative dispute resolution systems in the banking and financial sector. A comparative analysis

Alternative dispute resolution (ADR) has increasingly gained recognition in national laws as a means to protect consumers. The European Union has given momentum to ADR in disputes involving the banking and financial sector. In Italy the Arbitro Bancario e Finanziario has recently been established to settle disputes between intermediaries and their customers in a simple, rapid and effective manner. Legislative decree number 28 of 4 March 2010 regulates ADR proceedings in accordance with European Community regulations.

This paper begins with an outline of the goals and instruments of consumer protection in the framework of banking and financial regulations. Then European Union consumer protection regulation development is reviewed and an outline is given of the goals and instruments adopted in France, Germany, Spain and the United Kingdom.

The paper ends with a general overview of the main institutional, organisational and operational arrangements for alternative dispute resolution in those Countries.

Attached are four fact sheets on consumer protection cases and alternative dispute resolution in France, Germany, Spain and the United Kingdom. An outline is also provided of consumer protection and ADR in the United States.