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The New Regulatory Framework for Consumer Dispute Resolution$
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Pablo Cortés

Print publication date: 2016

Print ISBN-13: 9780198766353

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198766353.001.0001

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Challenges for the Implementation of the Consumer ADR Directive in Spain

Challenges for the Implementation of the Consumer ADR Directive in Spain

Chapter:
(p.275) 13 Challenges for the Implementation of the Consumer ADR Directive in Spain
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Fernando Esteban De La Rosa

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0014

The aim of this chapter is to analyse the challenges that the Spanish legislation will have to overcome in order to adapt to the new European Law on CADR. Spain has a long experience of CADR consisting both in public and private ADR entities. In the public field, the main role belongs to arbitration (the SCAS) and mediation (the OMICs), extended over the whole of Spain. The legislator seems also willing to increase the role of private ADR, and also ombudsmen paid directly by the trader, but only to some extent. The Draft also leaves many questions waiting for answers from future legislation. The chapter highlights some of the decisions the Spanish legislator should take when adapting the CADR system to the new European law.

Keywords:   Spanish CADR system, adaptation to EU Law, public ADR entities, private ADR entities, consumer associations, ombudsmen, principle of independency, principle of liberty, principle of legality, principle of fairness, principle of transparency

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