Abstract

PEREZ, Cristina Roy. THE ARBITRATION OF FINANCIAL PRODUCTS: THE EXPERIENCE OF THE SPANISH CONSUMER. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.43-58.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.01.

Arbitration is an effective alternative dispute resolution mechanism that offers multiple benefits to consumers. While there is no doubt that the disputes that may arise in connection with the commercialization of financial products can be resolved through this institution, the experience in our country, far from encouraging recourse to arbitration, has brought numerous criticisms that have even questioned its efficiency. This article introduces the causes that have led an increase in litigation in this area as well as an analysis of those situations that have implied a questioning of the viability of arbitration in this field, with special reference to the procedures relating to the acquisition of preferred shares and swaps.

Keywords : Arbitration; financial products; preferred shares; swaps.

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