What is consumer arbitrage and how does it work
Consumer arbitration is a voluntary, free, simple and fast extrajudicial dispute resolution procedure.
What is consumer arbitration
El Consumer Arbitration System is a procedure extrajudicial, Voluntary, price quotation, simple y Quick: The files are processed in ninety calendar days from the date on which the complete and necessary documentation is received to process the procedure.
arbitration must be accepted by both parties, and implies prior mediation mandatory to arbitration itself. If the conflict is not resolved in this phase, the arbitration bodies (tripartite or single-person) would act and, once the specific case has been studied, they will issue a award mandatory for both parties.
Important issues to consider
- If the consumer decides to settle the dispute through arbitration, already will not be able to go to court.
- cannot be object arbitration the following issues:
- If there poisoning, lesión, death o there are signs of crime.
- The causes on which there is a firm judicial resolution.
- If the conflict affects matters on which the parties they have no power of free disposal.
- If the parties they do not have the capacity to act o they cannot act on their own.
How does Consumer Arbitration work?
Stages of consumer arbitration
Prior contact with the claimed party
The consumer You must contact the company or professional claimed to try to resolve the conflict.
- If within a month you have not received a response or it does not satisfy you, you can file the request for arbitration.
- Contact with the company or professional must be made through means that leave a record of it (in writing, email, burofax, among others.).
Presentation of the application
It is necessary to fill in the arbitration request form, then it will be registered and sent to the corresponding body. State the facts clear and concise, specifying the request, and accompany it with the documentation you deem necessary (invoices, contracts, advertising, photographs, among others.). Once you have filled out the form, you can submit it, together with the complementary documentation, at:
- La General Directorate of Commerce, Consumption and Services Community of Madrid.
- In a Municipal Consumer Information Office.
- In the consumer associations adhered to the Consumer Arbitration System.
- Through Internet.
Admission of the request for arbitration
The president of the Arbitration Board must admit or reject the request for arbitration within a maximum period of one month. If he does not admit it, the reasons will be notified to the consumer.
If the Arbitration Board admits the request, and the company is attached to the Consumer Arbitration System, it goes directly to processing. If not, a letter is sent to the company so that it can decide if it accepts it for that specific case:
- When the company answers accepting consumer arbitration and the consumer has submitted all the necessary documentation, the procedure is considered to have started, admitting the application for processing. A prior mediation will be carried out, in the event that this procedure has not been carried out.
- Si does not accept arbitration, the file is filed, leaving open the judicial route.
prior mediation
The Consumer Arbitration Board will try to get the parties to reach an agreement beforehand without the intervention of the arbitrators, unless one of them opposes this procedure.
Appointment of the arbitration body
If the conflict is not resolved through mediation and the company is attached to the Arbitration System or accepts it for that case, the president appoints an arbitration body to hear the matter. This can be made up of one or three arbitrators.
The audience
After the arbitration body is designated, a date and place are established for the hearing, which can be held:
- In person, personally or through a representative.
- Written. The parties submit their arguments in writing to the arbitration board.
- By videoconference or by electronic media. During the hearing, the parties (consumer and employer) can present their arguments and provide the evidence and documentation they deem appropriate. In addition, the arbitral body may agree to carry out the tests it deems appropriate (ex officio or at the proposal of the parties). The expenses incurred in carrying out the tests are paid by the party that proposed it.
Report
After reviewing all the documentation, the arbitral tribunal ends the dispute by issuing a resolution called award, which obliges both parties to comply with it and is enforceable from its notification. In the event that one of the parties fails to comply with the award, the other may request its execution before the first instance judge of the place where it was issued. The award closes the possibility of going to court for the same reason.
By clicking on the link you can consult the awards issued by the Regional Consumer Arbitration Board of the Community of Madrid.
Actions against the award
The arbitration award has the same effects as a final court ruling. and, therefore, the parties cannot appeal the decision contained therein, they can only exercise the following actions:
- In dice días Following notification of the award, either party (with notice to the other) may request the arbitrators:
- La correction of any errors of calculation, copying, typographical or similar nature.
- La clarification of a specific point or part of the award. A complement of the award in relation to petitions formulated and not resolved in it.
- La rectification part of the award, when it pronounces on matters that do not concern it or that are not subject to arbitration.
- Finally, the parties, exceptionally, may file:
- Application annulment before the Civil and Criminal Chamber of the Superior Court of Justice of Madrid within the period of two months from notification of the award, provided that any of the reasons set out in articles 40, 41 and 42 of the Arbitration Law.
- review resource before the Supreme Court, in accordance with the provisions of the Law of Civil Procedure for final judgments.
Companies adhered to the Consumer Arbitration System
Before filing a consumer arbitration request, it is important for consumers and users to know if the company is adhered to the Consumer Arbitration System or not, because if there are no reasons for inadmissibility of the application:
- If it is established that the company is validly adhered to the Consumer Arbitration System, the presidency of the Arbitration Board will agree to initiate the arbitration procedure and will order its notification to the parties.
- If it is not stated that the company is a member, or the membership is not valid, in the shortest possible time, the request for arbitration will be transferred to the respondent, giving him a period of fifteen days for the acceptance of the arbitration and the prior mediation in the cases in which it proceeds, as well as to, where appropriate, answer the request by formulating the allegations that it deems appropriate to assert its right and present the documents that it deems pertinent or propose the evidence that you try to use it. After this period without stating the acceptance of the arbitration by the respondent, the president of the Consumer Arbitration Board will order the filing of the request, notifying the parties.
- Consulting the database of affiliated companies in the Community of Madrid.
- If the company displays the logos "Affiliated establishment"or"Affiliated establishment. Limited offer", for example, in the shop window or in your advertising.
If the logo on the left is shown, the company is adhered to the Consumer Arbitration System for all issues, on the other hand, if it shows the logo on the right it is only for certain circumstances.
