Free consumer arbitration (Junta Arbitral de Consumo)

Terms used

• Junta Arbitral de Consumo — The Junta Arbitral de Consumo is the public body in your area that runs free consumer arbitration.
• Distintivo — The distintivo is the official badge that shows a business has joined consumer arbitration.
• Solicitud de arbitraje — The solicitud de arbitraje is the written application you file to start consumer arbitration.
• Laudo — The laudo is the final written decision of the arbitration panel, binding on both sides.
• Audiencia Provincial — The Audiencia Provincial is the provincial court that hears an action to annul an arbitration award.

Key rules

• Voluntary: A business only has to take part if it has adhered or agrees to arbitration for your case.
• Cost: Consumer arbitration through the Junta is free.
• Final decision: The award binds both sides and cannot be appealed on the merits.
• Time limit: The award must be issued within six months of the procedure starting, extendable by up to two more months.

What consumer arbitration is

Consumer arbitration is a free, out-of-court way to settle a dispute with a business. It is run by the Junta Arbitral de Consumo, a public body in your area. It is voluntary for the business: it only works if the business has joined the system or agrees to it for your case.

How to check whether the business takes part

A business joins by applying to the Junta of its area. It can accept all disputes or only a specific offer, and it can join for a set period. Check in any of these ways:

• Look for the arbitration badge (distintivo) in the premises or on the website.
• Search the public list of adhered businesses on the Ministry of Consumer Affairs arbitration page.
• Ask the Junta Arbitral directly.

If the business has not joined, it can still accept arbitration for your specific dispute. Ask it in writing. If it refuses, arbitration is not possible and court is your route.

How to file

You file a written application (solicitud de arbitraje) with the Junta. You can hand it in, post it, or send it electronically where the Junta offers that. Forms are on the Junta's or your region's website.

• State your details and the business's details.
• Describe the facts and what you claim. You can say what outcome you want.
• Sign it.
• Attach copies of the contract, invoice, receipts, earlier correspondence and any complaint sheet.

The right Junta is normally the one named in the business's adherence offer. Otherwise it is the one where you live or where the business is located. If the business is in another province, confirm with the Junta which one handles it.

What happens next

The Junta first checks that your case can be accepted. It then tries to get both sides to agree through mediation. If that fails, it sets up an arbitration panel that decides the case.

The award must be issued within six months of the procedure starting. The president of the Junta can extend this by up to two more months for justified reasons. The timeline below shows the steps in order.

What the result means

The decision (laudo) binds both you and the business. You cannot appeal it on the merits, and the case cannot be heard again in court. If the business does not comply, you can have it enforced through the courts like a judgment.

Two options remain. You can ask the panel to correct or clarify the award, within a short period. You can also file an action for annulment before the Audiencia Provincial, but only on limited grounds, generally within two months of being notified.

Because the award is final, use the decision block below to weigh arbitration against court before you file.

What arbitration does not cover

The Junta cannot take these cases:

• Disputes involving intoxication, injury or death, or where there are signs of a crime, including damages arising from them.
• Matters that by their nature must be heard by a judge.
• Disputes not connected with consumption, such as disputes between businesses.

The Junta may also reject claims that clearly lack a consumer relationship or that involve complex evidence.

Choosing between options

Should you take your dispute to consumer arbitration or to court?

• Consumer arbitration: The business has adhered to the system or agrees to arbitration for your dispute, and the case is an ordinary consumer claim. It is free of charge to start, and the award is final and binding.

• Court: The business refuses arbitration, or the case involves injury, death, signs of a crime, complex evidence or something a judge must hear.

Arbitration is voluntary for the business: if it has adhered or agrees, and your case is not excluded, arbitration fits. Remember the award is binding and can only be challenged by annulment, not appealed, so choose it only if you accept a final decision.

Timeline and deadlines

• The Junta agrees to start the arbitration procedure: the day the procedure begins; the time limit starts the next day

• The president of the Junta may extend the time limit for justified reasons, with a reasoned decision sent to both parties: by up to two more months

• Ask the panel to correct or clarify the award, if needed: within a short period after you receive the award

Checklist

• Search the public list of adhered businesses on the Ministry of Consumer Affairs arbitration page, or ask the Junta Arbitral de Consumo whether the business has adhered.

• If the business has not adhered, ask it in writing whether it will accept arbitration for your dispute.

• Find the competent Junta: use the one named in the business's adherence offer, otherwise the one where you live or where the business is located.

• Fill in the written application (solicitud de arbitraje) from the Junta's or your region's website, with your details, the business's details, the facts and your claim, and sign it.

• Submit the application in person, by post or electronically, where the Junta offers it.

Frequently asked questions

Can a business that has not adhered still go to arbitration?

Yes, a business that has not adhered can still accept arbitration for one specific dispute. Ask the business in writing whether it agrees, and if it does, file your application with the Junta Arbitral de Consumo.

Can I appeal an arbitration award if I disagree with it?

No, there is no appeal on the merits of an arbitration award.

Which disputes can the Junta Arbitral refuse to take?

The Junta does not take disputes involving intoxication, injury, death or signs of a crime, nor cases a judge must hear by their nature. It also rejects disputes between businesses and may reject claims with no clear consumer relationship or with complex evidence.

What happens after I file my arbitration application?

The Junta first checks that your application can be accepted, then tries mediation between you and the business.