Consumer Arbitration FAQs

Requests for arbitration can be obtained at Regional Institute of Consumer Arbitration, In the General Directorate of Commerce, Consumption and Services of the Community of Madrid, in the Arbitration Boards, Arbitral Colleges, Municipal Consumer Information Offices, In the consumer associations adhered to the Consumer Arbitration System and through Internet, with digital certificate.

For companies, adherence to this system is a guarantee of quality and good service offered to the consumer, since their clients are assured that any difference that arises between them will be resolved through consumer arbitration.

The companies and professionals that adhere, free of charge, to the Consumer Arbitration System receive the official membership badge, which they can use both in their establishments and in their advertising, delivery notes, invoices or any other means.

No. These two ways are incompatible and mutually exclusive. You can go to court only if the issue raised cannot be subject to arbitration (in case of injury, intoxication or evidence of a crime) or if the company rejects arbitration (it can only reject it if it is not adhered to). If you decide to resolve the dispute through arbitration, you must comply with the award and cannot go to court.

The award has the same effects as a final court ruling, so if one of the parties fails to comply with it, the other can request its execution before the first instance judge of the place where the award was issued.

Yes. Currently in the Community of Madrid there is the Arbitration Council for rent, whose objective is to promote and support the implementation of the arbitration system as an out-of-court solution to conflicts related to housing leases.

The consumer arbitration system is valid for solving many consumer problems, but it is not supported for the following cases:

• When there has been an intoxication, injury or death of a person.
• When there is evidence of crime.
• When there is a firm judicial resolution on the particular matter.

Yes. The competent administrations in consumption manage and finance this public system, so that the service is free for all those who wish to use it.

If the two parties have expressed their willingness to accept the consumer arbitration route to resolve the dispute and the arbitration body has already been appointed, must be both parties those who agree to withdraw from the arbitration procedure, since, if one of the two objects, the arbitration body is obliged to issue an award.

No, arbitrators are always natural persons.

Yes, if you file a claim and you are not satisfied with the resolution, you can request consumer arbitration, although the company must be a member of the Arbitration System, or accept the request for the specific case.

No, the arbitrators that make up the arbitration panel are impartial, objective and independent and act with criteria of legality and fairness regardless of whether the claimants or claimed are associated or not.

No. Only those that are adhered to the Arbitration System are obliged. However, some companies and professionals, despite not being adhered, agree to submit to this route to resolve claims on certain matters, or some specific cases.