Summary: 1. The Banco Popular case – 2. The infringement of property rights by bail-in measures – 3. Means of adjudication available – 3.1. Administrative and judicial review under the EU bail-in regime – 3.2. Investment arbitration – 3.3. European Court of Human Rights – 3.4. Domestic courts – 4. Tools of coordination of concurrent means of adjudication – 4.1. Rule of prior exhaustion of domestic remedies – 4.2. Waiver and fork-in-the-road clauses – 5. Conclusions.
Benini, C., European, international and domestic means of adjudication of bail-in disputes and their coordination: some remarks in light of Banco Popular, in Lamandini, M., Ramos Muñoz, D. (ed.), Effective Judicial Protection and Cross-Border Financial Disputes in Europe. A Complex Status Quo, Franco Angeli, Milano 2025: 46- 62 [https://hdl.handle.net/10807/307656]
European, international and domestic means of adjudication of bail-in disputes and their coordination: some remarks in light of Banco Popular
Benini, Caterina
2025
Abstract
Summary: 1. The Banco Popular case – 2. The infringement of property rights by bail-in measures – 3. Means of adjudication available – 3.1. Administrative and judicial review under the EU bail-in regime – 3.2. Investment arbitration – 3.3. European Court of Human Rights – 3.4. Domestic courts – 4. Tools of coordination of concurrent means of adjudication – 4.1. Rule of prior exhaustion of domestic remedies – 4.2. Waiver and fork-in-the-road clauses – 5. Conclusions.
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