I’ve got a problem. What can I do?

You can submit an arbitration request before the Junta Arbitral de Consum de Barcelona, either personally or by computer, to resolve any complaint you may have against a business, shop or professional.

Where should I go to make my complaint?

To the Junta Arbitral de Consum de Barcelona, Ronda Sant Pau, 43-45, 2nd floor, Barcelona.

What documentation do I need to make a complaint?

The Junta Arbitral de Consum offers an arbitration request form. However, you can also submit a brief letter describing the dispute between the parties and attach all the documentation you have on the matter.

What is the Junta Arbitral de Consum?

It is a body that arbitrates on disagreements between consumers and businesses free of charge, on a completely impartial basis and respecting the right of both parties to be heard and their equality.

Is making a complaint free?

Yes, it is free for both parties.

How long will it be before I know whether the company I have made a complaint against accepts the arbitration?

This will depend upon how long the business takes to respond: applicable regulations state that the deadline for this is fifteen working days. If no reply has been given by then, the Junta Arbitral will carry out direct steps to obtain a response one way or the other.

Do I need a lawyer to lodge my complaint before the Junta?

No, no lawyer is needed.

Do I need a lawyer when appearing at the hearing once the company has accepted arbitration?

No, you do not need one, although if you feel it would be helpful to appear with a lawyer, you may do so.

I can’t attend the hearing. What can I do?

If the reason why you cannot attend the hearing can be justified (illness, appearance at court, travelling, etc.), you must submit supporting documentation and the Arbitration Panel will rule on whether the hearing called will be suspended. Another possibility is to grant a family member or some other suitable person a power of attorney so that they can represent you.

How long will the Arbitration Panel take to issue its finding?

Should not expert testimony be needed, nor either of the parties or any third party be required to submit documentation or information needed to issue the relevant finding, a ruling will be issued in about three or four weeks. Should evidence need to be heard subsequent to the hearing, it will depend upon how long it takes to hear it, but cannot exceed four months from the constitution of the Arbitration Panel, unless the Panel decides, on ex-officio basis, to extend the time for issuing the ruling.

What is an “arbitration finding”?

It is a decision that has the same nature as a judicial ruling: it is binding upon both parties and produces effects on the case under review.

What can I do if I disagree with the finding?

You cannot appeal against the heart of the matter, but only in the case of a material error, omission or suspicious aspects. With regard to possible procedural defects or errors, action can be taken before the relevant Provincial High Court. The grounds for which such an appeal can be made are set forth in Spain’s Arbitration and Civil Proceedings Acts.

What can I do if the other party does not comply with the finding?

You should notify the Junta Arbitral de Consum de Barcelona, which will issue a written reminder of the obligation of complying with the finding issued. Should the failure to comply with the finding continue, you will need to go before the courts to enforce its execution.