Concept in Definition ABC

This term is commonly used in the field of right. Etymologically it comes from the Latin word laudare, which includes praising.

As for its meaning, it refers to the type of judicial resolution that has been issued by an arbitrator or a mediator and that allows to resolve a conflict. In this sense, the arbitrator's ruling is comparable to the sentence handed down by a judge.

However, there is an aspect that differentiates one from the other, since the jurisdiction of the judge is in the law, while the jurisdiction of the arbitrator is based on the autonomy of the will. In short, an award is an arbitration process in which the parties involved must abide by the decision made by the figure who acts as arbitrator.

A legal figure that can streamline the operation of justice

The award should be understood as a mechanism to deliver justice. In general, this procedure has two fundamental characteristics: it has to be agreed upon by the parties and it is an alternative to the judicial process. conventional.

The arbitration award is similar to other figures legal, such as mediation and conciliation. His app It is considered useful because it speeds up the resolution of some conflicts and the rules of procedure are made more flexible.

The structure of the arbitration process

- The first element is the prior agreement of the parties.

- Second, there is a procedure to follow, that is, a set of rules that the referee must respect to dictate a resolution (these rules can be official or ad hoc, that is, expressly made for the procedure arbitral).

- The third aspect is properly the award, which consists of the final resolution by the arbitrator and which is equivalent to the concept of a judicial sentence.

- Finally, the final resolution must be fulfilled, which can be done voluntarily or through a coercion.

The arbitration award in consumer claims

To defend the rights of consumers there are arbitration boards of consumption. Thus, if a consumer consider that your rights have not been respected, you can file a claim with an arbitration board.

From this moment on, the board brings together the consumer and the claimed entity in a hearing. At said hearing, each of the parties presents their arguments on the initial claim and the board will finally dictate the resolution of the conflict, that is, the arbitration award.

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