36th IBA International Financial Law Conference
15 May - 17 May 2019
Session information
Seeking justice: judicial review of supervisory action
Thursday 16 May (1130 - 1245)
Committee(s)
Banking & Financial Law Committee
(Lead)
Financial Services Section
(Lead)
Legal Practice Division
(Lead)
Securities Law Committee
(Lead)
Description
Since the aftermath of the financial crisis, enforcement and supervisory actions against banks and other financial institutions have been more in the limelight than before. With financial penalties, suspensions or restrictions of approvals, warning notices, disciplinary actions, withdrawals of firm authorisations and resolution orders becoming more frequent in many jurisdictions, institutions and their counsel must assess potential ways of administrative or judicial review and supervisory authorities are faced with legal challenges against their decisions. At the same time, the substantive and procedural laws are evolving. This panel will discuss the current trends and experience in the procedural and institutional framework available in key jurisdictions to challenge supervisory actions, the relationship between internal administrative review proceedings and judicial procedures, what practical issues can be identified and, ultimately, whether the current laws are suited to an effective and fair implementation of the rule of law in the financial sector.
Session / Workshop Chair(s)
| Dirk Bliesener | Hengeler Mueller, Frankfurt, Germany; Membership Officer, Banking & Financial Law Committee |
| Benjamin Leisinger | Homburger AG, Zürich, Switzerland; Vice Chair, Mergers and Acquisitions Subcommittee |
Speakers
| Professor Concetta Brescia Morra | Università degli Studi Roma Tre, Law School, Rome, Italy |
| Michael Häuptli | Swiss Financial Market Supervisory Authority FINMA, Bern, Switzerland |
| Tim Parkes | UK Financial Conduct Authority and UK Payment Systems Regulator, London, England |