Here you can check the list of FAQs and answers on what to do if, as a consumer, you want to submit an arbitration request. If you can not find an answer to your query here, you can contact us using the form found on the “Would you like to submit a query?” page.
Found: 20 results
What is a counterclaim?
A counterclaim occurs when, within the same arbitration procedure initiated by the consumer, the company or professional makes their own claim against the consumer, as long as it is related to the claim submitted.
What is a hearing?
This is the last step in the process, where the parties may submit any proof they deem relative to assert their rights before the arbitration body. The hearing then leads to deliberation, and a decision on the arbitration is reached via the arbitration ruling.
What can I do if I am unable to attend the hearing?
In the event you cannot attend the hearing for any justifiable reason, such as illness, court appearances or travel, you will need to provide documentary proof, and the arbitration body will decide whether or not to postpone the scheduled hearing. Another possibility is for you to provide an authorisation or proxy to a family member or person you choose to represent you. If the arbitration body determines that the hearing should not be cancelled, it will be held even if one of the parties does not appear.
What is an arbitration ruling?
It is a decision that has the same nature as a judicial ruling, which both parties must abide by and which has res judicata effects.
How long does the arbitration body take to hand down a ruling?
The term for handing down and notifying parties of the ruling is 90 calendar days from the start of the arbitration procedure after all mediation actions are finished. In especially complex cases with due justification, the arbitration body may extend this period.
What can I do if I do not agree with the arbitration ruling?
The ruling is binding in nature and is effective starting the day that the parties are notified; the substance of the conflict may not be appealed. It is only possible to initiate a nullification of the ruling before the Civil Chamber of the High Court of Justice of Catalonia on specific grounds, although the ruling is enforceable even if a nullification appeal has been filed.
What can I do if the other party does not abide by the ruling?
You should notify the Barcelona Consumer Arbitration Board, which will send that party a written reminder of the obligation to abide by the arbitration ruling handed down. In the event the party continues not to abide by the ruling, a legal request for enforcement will be filed with the local Court of First Instance, and previously submit a written request to the Arbitration Board for certification of the proceedings.
A request to start a sanction dossier may also be submitted, given that the other party's failure to fulfil an arbitration ruling within an established period constitutes an administrative offence, unless there is an agreement between the parties. To start a sanction dossier, you may contact the Sub-directorate for Market Discipline of the Catalan Consumer Agency.
How many municipal consumer arbitration boards are there in Catalonia?
There are eight municipal consumer arbitration boards in Catalonia, in the towns of Barcelona, L'Hospitalet de Llobregat, Terrassa, Badalona, Sabadell, Lleida, Mataró and Vilafranca del Penedès.
