Financial Disputes Resolution Commission

Financial disputes resolution commission (FDCR) is established in accordance with article 106 of Da Afghanistan Bank law. It is a specialized forum that addresses complicated legal disputes in the banking and communication sector in an independent, transparent, effective and technically sound manner. It is designed to hear disputed financial cases prior to judicial proceedings on a mediation basis and to perform the functions specified in the banking law, Da Afghanistan Bank law and the law on regulating telecommunication services.

Objective

Under article 106 of Da Afghanistan Bank law, financial disputes resolution commission is a semi-judicial agency that deals with disputable cases between commercial banks and Da Afghanistan Bank, communication companies and Afghanistan telecom regulatory authority (ATRA) and between concerning entities that refer their issues to the commission. The FDRC resolve the cases in a friendly manner before it is presented to judicial authorities.

Duties

FDRC is committed to providing a forum to regulated communities in the banking and telecom sectors to resolve their disputes in an efficient and transparent manner in accordance with international standards and best practices.

Structure

The commission has six professional members, three of which are lawyers designated by the governor of Da Afghanistan Bank and approved by the president of Afghanistan. The remaining three are accounting specialists who are designated by minister of finance and approved by president. Chairman of the commission is picked out from among lawyers by governor of Da Afghanistan Bank and then introduced to the president office for approval. The commission is authorized to employ administrative staff as per its operating need.

Jurisdiction

Jurisdiction of the commission are described in the article 107 of Da Afghanistan Bank law according to which commission is authorized to revise or amend provisions and decisions that Da Afghanistan Bank adopts in cases specified in the law against private banks and financial institutions. According to article 104, paragraph 1 of Da Afghanistan Bank law FDRC is even authorized to abrogate any decision and/or provision adopted by Da Afghanistan Bank considering the particular sequence predicted in the law.

At the same time, the commission is able to settle controversial cases between communication companies and Afghanistan telecom regulatory authority.

Please visit our website for further information: https://online.dab.gov.af/fdrc