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Arbitration

Arbitration is the procedure by which under controversy the parts are put under a referee or arbitration tribunal, whom will dictate a decision that will be obligatory for both parts. Therefore, if the parts are in agreement with this procedure, they will be put under a process of solution of controversies instead of to going to court.

We can point out the following characteristics:

  1. The arbitration is consensual, meaning that it must be suitable and agreed by all parties to be put under this process. Therefore, the parts can include any legal business that they are going to realise in an arbitration clause.
  2. The parties shall chose an arbitrator.
  3. The arbitration is neutral, the parties can even chose the applicable Law, the place where the proceeding is going to be celebrated, etc…
  4. It is a confidential procedure.
  5. The tribunals decision is definitive.

Arbitration Consumption System

The arbitration consumption system is the instrument that the Public Administrations put at the disposal of the citizens to solve in an effective way, conflicts and claims that arise in the consumption relations.

The Law defines this arbitration system as an extrajudicial system of resolution of conflicts between the consumers and users and the industrialists or professionals, through what, without special formalities, and with binding and executive character for both parts, the claims of the consumers and users are solved, whenever the conflict has nothing to do with intoxication, injury or death or rational indications of crime.

For this reason, by means of this arbitration system of consumption the parts will voluntarily entrust an arbitration organ that shall act with impartiality, independence and confidentiality, upon the decision on the controversy or conflict that has arisen among them.

This decision, is going to be binding for both parts, and will have the same effectiveness as a Sentence.

Advantages of the Arbitration Consumption System
  1. RAPIDITY: It is a system that is transacted in a short space of time, maximum 6 months after the proceedings have initiated.
  2. EFFICIENCY: it shall be resolved by an arbitration solution, of obliged execution with no need to resort to the ordinary judicial route and without existing a limit for the demanded quantity.
  3. ECONOMY: it is free of charge for the parties.

Our lawyers recommend this system so that the consumers and users can make merit to their rights without all the difficulties that can arise when going through a judicial process.

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