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CONSUMERS

Consumer access to justice is one of the main challenges of Consumer Protection. Consumer dispute arbitration centers are alternative means, outside of the courts, specialized in resolving consumer disputes applying Consumer Law.

The center’s procedure includes 2 distinct phases:

The Mediation Phase, in which the center's jurist/mediator intervenes with the parties in conflict, seeking for them to agree in a balanced way and within the applicable law governing the composition of the dispute. Mediation is, in most cases, carried out through remote means of communication, without personal contact between the parties.

The Arbitration Phase, in which the possibility of resolving the conflict through mediation is frustrated, the complaint file is sent to arbitration.

Arbitration in consumer disputes whose value does not exceed the jurisdiction of the courts of first instance (€ 5,000.00) is necessary, when expressly chosen by consumers.

The submission of conflicts of higher value to the jurisdiction of the lower courts. Instance (up to a limit of €30,000.00) for arbitration depends on the agreement of both parties, and the economic agent party may have already declared in a generic way that it accepts arbitration, in which case it is a company that is a member of the Center.


Arbitration is necessary in the so-called Essential Public Services sector (electricity supply, electronic communications, public water supply, wastewater collection and treatment service, urban solid waste management, supply of natural gas and piped liquefied petroleum gases and postal services).


Arbitration of disputes arising from the "Casa Pronta" Counter is not subject to a maximum value limit.
The decision given by the arbitrator in the Arbitration is binding on the parties and has the legal value of a sentence given by a court of first instance. Instance.

The Complainant/Consumer may withdraw from the process at any time.
Processes last an average of 90 days.
The consumer can be represented by a lawyer or solicitor, and, if they do not have the economic means to do so, they can request legal aid.
The consumer must contact the supplier of goods or service provider with a view to resolving the dispute, before submitting the Complaint to the Center.
The Center may refuse to deal with the Complaint if the dispute is superfluous or vexatious, or if it is pending or has already been decided by another ADR entity or by a judicial court;
Consumers can opt out of the procedure at any time.
The Center accepts Complaints and processes processes in Portuguese, Spanish, English and French, without prejudice to the parties being able to be notified to provide translations of documents or be accompanied by interpreters during the proceedings.

 

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Rede Nacional de Centros de ArbitragemMinistério da JustiçaMinistério da EconomiaDureção Geral do ConsumidorAlgarveACRALDECOAMAL
PROJECT SUPPORTED BY THE FUND FOR THE PROMOTION OF CONSUMER RIGHTS
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