Konsument przed sądem polubownym
Treść / Zawartość
A Consumer before the Arbitration Court
Omówiono podstawy prawne funkcjonowania sądów polubownych, rozstrzygane przez nie rodzaje spraw, procedury postępowania, instytucję Arbitra i wyroki. Jako przykład takiego sądu przedstawiono Polubowne Sądy Konsumenckie, postępowania przez nie prowadzone. Dokonano oceny sądownictwa polubownego z punktu widzenia interesów konsumenta.
A consumer whose interests have been violated can claim his rights both before a common court and a court of arbitration. Arbitration court procedures, however, are less formalised, shorter and cheaper. Therefore, consumers often use this way of claiming their rights. A characteristic feature of arbitration courts is that these courts are different from state courts and their competence to settle disputes is based on a contract of the parties. The contract in which the parties submit their dispute to be settled by the arbitration court is referred to as arbitration court entry. In order to evaluate legal effectiveness of this entry regulations of material law and process law are applied. The entry can be of "compromise" character or "compromise clause". By law it should be made in writing. The effects of making an entry are very significant because as long as the parties are bound by agreement, one cannot ask a common court to deal with the case effectively. The way of appointing arbiters should be defined in the entry or in an additional agreement. The parties themselves can also define procedures before the court. Arbitration courts do not have to observe regulations of the civil law (apart from those of absolute character). A verdict of such a court is enforced after the state court declares its enforcement and confers the clause of enforcement on it. Courts of arbitration dealing with consumer cases operate in conjuction with the units of State Supervision of Commerce. They function on the basis of regulations which introduce cartain differences as regards procedures before these courts as compared with the regulations of the civil law. The practice of consumer arbitration shows a great interest in this form of settling disputes. In order to protect consumers' rights these courts should be granted financial independence and should have the properly prepared staff. (original abstract)