Law and financial crisis: regulation and settlement of banking and financial disputes.

Summary The back cover states: "The banking and financial crises that have followed one another since 2008 have profoundly changed the regulation and rules surrounding the resolution of disputes in the sectors concerned. New institutions, new mechanisms, but also new types of litigation have appeared. The book is original in that it combines multidisciplinary academic analyses (law, economics, sociology) and practitioners (presidents of regulatory authorities, representatives of banking institutions, mediators, magistrates, lawyers, etc.). The reflection on banking and financial regulation combines national, European and international aspects. First, the book highlights the consequences of the successive crises that have shaken the banking and financial sectors on the architecture of regulation. In this respect, and as close as possible to current events, the book offers an initial analysis of the measures provided for by the Banking Union, in particular the single supervisory mechanism that came into force on November 4, 2014, and their implications for the distribution of competences of the various European and domestic regulatory authorities. The book then delves into the mechanisms for settling disputes in banking and financial matters by distinguishing, on the one hand, between alternative dispute resolution mechanisms, some of which, such as banking and financial mediation, are considered to be "crisis shock absorbers" while the settlement before the Autorité des marchés financiers, created in 2010, is off to a more modest start, and, on the other hand, the pronouncement of sanctions by the regulatory authorities. The question of the scope of the case law of the European Court of Human Rights relating to the ne bis in idem principle is given special treatment. Finally, it focuses on a dimension of financial and banking regulation that is rarely studied, that of litigation resulting from banking and financial crises, distinguishing between litigation between private individuals and litigation involving States.