Making a Complaint Against ICE Futures Europe
As an investment exchange recognised under Part XVIII of the Financial Services and Markets Act 2000, the Exchange is required to put in place effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of its regulatory functions. These arrangements must include procedures for a complaint to be fairly and impartially investigated by a person independent of the Exchange and for that person to report on the result of his investigation to both the Exchange and the complainant.
Complaints Resolution Procedures
ICE Futures Europe has adopted the Complaints Resolution Procedures (the "Procedures"). The key stages of the Procedures are:
(i) an eligible complaint (as defined by paragraphs 5 — 9 of the Procedures) must be submitted in writing;
(ii) at first instance the Exchange will investigate the complaint and attempt to resolve it. If the complainant is dissatisfied with the Exchange's response or proposals to redress the complaint, the complainant may refer the complaint to the Independent Complaints Commissioner (the "Commissioner") or request that the Exchange refers the complaint;
(iii) the Commissioner will, having considered whether the referral is of an eligible complaint, investigate the matter. This investigation will be conducted in accordance with the Commissioner's Terms of Reference;
(iv) following due consideration, the Commissioner will produce a report outlining his recommendations which will be copied to the Exchange and the complainant. The Commissioner may recommend a compensatory payment and/or remedial action.
Who Can Bring a Complaint
There is no restriction on who can bring a complaint against the Exchange, although any complaint handled in accordance with the Procedures must be an eligible complaint as defined in the Procedures. Broadly, this includes complaints concerning alleged breaches of statutory duty, the Exchange's rules or the proper operation of the market in relation to: the regulatory functions of the Exchange; business transacted on the Exchange; transactions cleared through the Exchange; and Exchange contracts.
In referring the complaint, or by asking the Exchange to refer the complaint to the Commissioner, the complainant agrees to be bound by the Procedures and accepts that any recommendation made by the Commissioner to the Exchange shall, if adopted by the Exchange, be a full and final resolution of the complaint and all associated rights and claims.
How to Make a Complaint
All complaints should be made in writing, marked "Complaints Resolution Procedure" and sent to:
Complaints Handling Officer
ICE Futures Europe
60 Chiswell Street
or by e-mail to: Complaints Resolution
The complaint should be signed by the complainant, and, where it is made by a company, it should be signed by a Director or appropriate senior officer.
The written complaint should include sufficient information to allow the Exchange to properly identify the trade(s) or activities complained of, and establish the basis for any alleged loss by the complainant. If insufficient information is provided, the Exchange may request further information.
ICE Futures Europe will not make any charges to complainants in relation to the complaint, and the Commissioner's costs will be paid by the Exchange.
For additional information on the Exchange's Complaints Handling Procedures, please email the Complaints Handling Officer or call +44 (0)20 7065 7700*.
*ICE Futures Europe telephone lines are recorded and may be monitored.