La nullità della fideiussione a valle dell’intesa antitrust nell’interpretazione dell’ABF

The vexed question of the nullity of the omnibus surety downstream of the antitrust agreement has been the subject of several rulings by the Banking and Financial Arbitrator as well as a decision by the Coordination Board. The “jurisprudence” of the ABF has also addressed issues pertaining to the competence, under various profiles, of the Arbitrator to settle the disputes in question. The paper retraces the argumentative process followed in the decisions taken in question as well as some critical issues that characterize them.