The Arbitral System of Consumption

The Consumer Arbitration System is the instrument that Public Administrations make available to citizens to resolve extrajudicially conflicts that may arise in consumer relations. Through this system, the parties voluntarily entrust to an impartial and independent arbitration body the resolution of the controversy or conflict between them. The decision or arbitration award is binding and enforceable for both parties.

The Consumer Arbitration System consists of three types of organs:

• Two persons in charge of the management of arbitration:

• consumer arbitration boards; Y
• The Commission of the arbitration boards of consumption.
  • The General Council of the Consumer Arbitration System, which corresponds to representation and participation in matters of consumer arbitration.
  • The arbitration bodies themselves, which, in each specific case, are aware of the conflict and issue the award

I. Consumer arbitration boards

The consumer arbitration boards are the administrative bodies for the management of consumer institutional arbitration and provide technical, administrative and secretarial services to both the parties and the arbitrators.

National Arbitration Board and territorial arbitration boards

There is a National Arbitration Board, attached to the National Consumer Institute, and territorial arbitration boards set up through a collaboration agreement between public administrations and the National Consumption Institute, which may provide for the constitution of delegations of the territorial arbitration board, whether territorial or sectoral.

The president and secretary of the consumer arbitration board are appointed by the Administration on which the board depends, and their appointment is published in the official journal that corresponds to the territorial scope of the consumer arbitration board. Both positions must fall to personnel at the service of public administrations.

The resolutions of the presidents of the consumer arbitration boards put an end to the administrative procedure. However, the resolution of the president on the admission or inadmissibility of the request for arbitration may be appealed to the Commission of the Consumer Arbitration Boards within 15 days of notification of the agreement being challenged.

The secretary of the consumer arbitration board ensures the administrative functioning of the board, being responsible for notifications of the acts of the meeting, which are carried out in accordance with the provisions of art. 58 LRJPAC.

When territorial or sectoral delegations of the consumer arbitration board are created, presidents and secretaries of the territorial or sectoral delegation may be appointed.

The foregoing is understood, however, without prejudice to the ability of the president of the arbitration board of consumption to appoint arbitration bodies that are aware of conflicts in territorial areas where there is no territorial arbitration board or delegations of the consumer arbitration board .

II. Commission of the arbitration boards of consumption

The Commission of the Consumer Arbitration Boards is a collegiate body, functionally attached to the National Consumer Institute through the National Arbitration Board, with competence for the establishment of homogeneous criteria in the Consumer Arbitration System and the resolution of appeals against the resolutions of the presidents of the consumer arbitration boards.

III. General Council of the Consumer Arbitration System

The General Council of the Consumer Arbitration System is the collegiate body, assigned functionally to the National Consumer Institute, representing and participating in consumer arbitration matters.

The duration of the mandate of the unofficial directors is four years, ceasing in the position for resignation, revocation of appointment, permanent disability assessed by the plenary session of the General Council of the Consumer Arbitration System, after hearing the interested party, or upon completion of the mandate.

The secretariat is held by the head of the General Subdirectorate of Consumer Regulation and Arbitration of the National Consumption Institute.

IV. Arbitration bodies

Once the admissibility of the request for arbitration has been decided by the consumer arbitration board, the resolution of the dispute corresponds to an arbitration body, composed of one or several duly accredited arbitrators.

Single-person arbitration bodies
Know of the issues a single arbitrator in the following cases:
a) By agreement of the parties.
b) By agreement of the president of the arbitration board of consumption, provided that the amount of the dispute is less than 300 euros and that the lack of complexity of the matter so advises.

However, the parties may object to the appointment of a single arbitrator, in which case an arbitral panel will be appointed.

The sole arbitrator is appointed among the accredited arbitrators proposed by the Public Administration, unless the parties, by mutual agreement, request, for reasons of specialty, that said designation falls to another accredited arbitrator.

Collegiate arbitration bodies

In all other cases, that is, when there is no agreement between the parties, when they expressly agree that a collegiate arbitrator intervenes, when the requirements for the arbitration board to appoint a single arbitrator are not met, or when the parties object to that designation, he knows of the matters a collegiate arbitration body.

The arbitration board is composed of three accredited arbitrators, each chosen from among those proposed by the Administration, consumer and user associations and business or professional organizations. The three arbitrators act in a collegial manner, with the arbitrator proposed by the Administration assuming the presidency.

The parties by mutual agreement may request the appointment of a president of the collegiate arbitration body other than the arbitrator proposed by the public administration, when the specialty of the claim so requires or in the event that the claim is directed against a public entity linked to the Administration to which the arbitration board of consumption is attached.

On the acts of ordination, processing and promotion of the procedure reserved to the arbitration bodies, the president of the arbitration board resolves in the case of the collegiate bodies.

In the event that the arbitration body is composed of three arbitrators, the arbitration award, or any agreement or resolution other than the mere ordering and promotion of the arbitration proceedings, is adopted by majority. The president decides if there is no agreement.

Arbitral Secretary

The arbitration body (unipersonal or collegial) is assisted by a secretary, who is the secretary of the arbitration board of consumption or the one designated by the president of the arbitration board of consumption, among the personnel who provide services in it, on a permanent basis or for a specific procedure or procedures.

The functions of the arbitration secretary are:
a) Ensure compliance with all decisions adopted by the arbitration bodies in the exercise of their function.
b) Record the performance of procedural acts by the arbitration body or before it and the production of facts with procedural significance through the appropriate steps. When using technical means of recording or reproduction, the arbitration secretary guarantees the authenticity and integrity of the recorded or reproduced.
c) Ensure the operation of the record of receipt of documents that are incorporated into the arbitration proceedings, issuing the certifications that in this matter are requested by the parties.
d) Issue certifications of the arbitration proceedings not reserved to the parties, with expression of the addressee and the purpose for which they are requested.
e) Document and form the files of the arbitration procedure, recording the resolutions that are dictated.
f) To provide interested parties and anyone who manifests and justifies a legitimate and direct interest, the information they request on the status of the arbitration proceedings not declared reserved.
g) Order and promote the procedure, except in the actions reserved for the arbitrators. However, in the case of the collegiate bodies, it is up to the president of the arbitration board to decide on the acts of organization, processing and promotion of the procedure reserved for the arbitration bodies.
h) Record minutes of the hearings.
i) Make notifications of arbitration proceedings.

Arbitrators proposal

Candidates to act as consumer arbitrators must be proposed to the president of the consumer arbitration board by:

• the Administration, among the staff at your service;
• associations of consumers and users registered in the State Register of consumer and user associations or who meet the requirements required by the regional regulations that apply to them;
• legally constituted business or professional organizations; And in his case,
• Chambers of Commerce.

Appointment of arbitrators in the arbitration procedure

The appointment of the arbitrators who must know about the respective arbitration proceedings corresponds to the president of the arbitration board of consumption.

The appointment of arbitrators takes place in turn, among those that appear on the list of arbitrators accredited before the arbitration board of consumption, be it the general list or that of specialized arbitrators, in those cases in which, according to the criteria of the General Council of the Consumer Arbitration System, specialized arbitration bodies should be aware of the issues.

In the same act the president appoints, also in turn, alternate arbitrators, without such appointment implies that it is his turn for subsequent appointments as regular arbitrators.

Abstention and recusal of the arbitrators

The arbitrators must act in the exercise of their function with due independence, impartiality and confidentiality. They can not act as arbitrators who have intervened as mediators in the same matter or in any other that had a close relationship with that one.

The parties may challenge the arbitrators within a period of ten days from the date on which their appointment is notified to decide the conflict or from the knowledge of any circumstance that gives rise to justified doubts about their impartiality or independence.

Once the challenge has been raised, the challenged arbitrator must decide whether to resign from his position within a period of 48 hours. If the alleged reasons are examined, the challenged arbitrator decides not to resign, within 48 hours, the president of the consumer arbitration board will decide on the recusal, after hearing the arbitrator and, if applicable, the rest of the referees of the arbitration college.

The resolution accepting or rejecting the challenge, which must be motivated, is notified to the arbitrator, the rest of the members of the arbitration board and the parties.
If the challenged arbitrator has the status of chairman of the consumer arbitration board, he will accept the proposed challenge.

Once the recusal has been accepted, the call for the substitute arbitrator and the appointment of a new substitute arbitrator, in the same way as the substitute was appointed. The new arbitrator decides whether to continue the procedure initiated, acknowledging the actions taken or if it is necessary to repeat actions already carried out.

If the new arbitrator or arbitrators decide that actions are repeated, an extension will be agreed for the time necessary to practice them, which can not be longer than two months.

If the proposed challenge does not succeed, the party that urged it may assert the challenge by contesting the award.

The procedure is suspended pending the decision on the recusal, extending the deadline for issuing an award provided for in art. 49 RD 231/2008 for the duration of the suspension and, if applicable, for the time that the extension has been agreed.

Withdrawal of accreditation to arbitrators

The president of the arbitration board of consumer before whom the arbitrator is accredited, will withdraw the accreditation in the following cases:
a) When it fails to meet the requirements for it, in accordance with art.17 RD 231/2008.
b) When he fails or fails to perform duties, following a mandatory report from the Commission of the Consumer Arbitration Boards.

In the procedure of withdrawal of the accreditation, which may be initiated ex officio or upon complaint by an interested party, the arbitrator and, where appropriate, the entity that proposed it shall be heard.

The competence to withdraw the accreditation as arbitrator to the president of the arbitration board of consumption corresponds to the Administration that appointed him.