1. Request It starts with the formalization of a Request of Arbitration, which can be directly presented to the Arbitration Court of Consumption or through an Association of Consumers. Once the request is accepted, it will be checked if the denounced tradesman or businessman is adhered to the System. If yes, the procedure in strict sense will start ; if not, the request will be sent to her/him, and he/she will have a 15 days deadline to accept or to reject it. If the invitation of arbitration is rejected by the businessman, the request will be filed, considering the voluntary character of the System. The arbitration can be of Law or Equity. This means that the Referees the Referees will dictate the arbitration in connection with the established standards and Laws or according to their knowledge and their good faith. The decision to choose for the Arbitration of Law or Equity depends on the parts. If the Right is chosen, the Referees will have to be Practising lawyers. 2. Arbitration Board If the tradesman or businessman adheres beforehand or agrees to subject himself to the arbitration, the Arbitration Board will be designated and will decide about the conflict ; it is composed of: - the President, appointed by the Administration on which the Arbitration Court depends;
- a Referee, representative of the Consumers;
- a Referee, representative of the businessmen.
3. The Audience Later, an appointment will be arranged between the parts, in which they will be able to they will be able to expose all what they estimate necessary regarding the conflict. 4. Expertises The Board will decide any expertise it considers pertinent, either on its own initiative, or on the initiative of the parts. When the expertises are required of office, i.e. by the Arbitration Board, those will be financed by the Administration whose the Arbitration Court of Consumption depends. When they are required by the parts, the fees will be assumed by them. 5. the Arbitration order The Procedure finishes with an arbitration order which, like a legal sentence, solves the conflict and has the effectiveness of the judged thing. If the parts were reaching an agreement during the procedure, this one will be included in an arbitration called conciliatory decision, which has the same effectiveness as a legal sentence. 6. Recourses Against the arbitration dictated by the Arbitration Board, there is only the Proceedings for Annulment at the Provincial Audience Court, within a two months deadline from the notification to the parts and from the Petition for Review, in accordance with what is established by the legislation of procedure for the firm legal sentences. |