The prevalence of potestative arbitration in consumer disputes

Ana Margarida Ferreira da Silva

Keywords

Consumer disputes; potestative arbitration; Essential public services; Disputes of low economic value; Hybrid mode of arbitration; Pretermination of arbitral court.  

Abstract

Law no. 6/2011, of March 10, which amended Law no. 23/96, of July 26 (Essential Public Services Law) and Law no 63/2019, of August 16, which amended Law no. 24/96, July 31 (Consumer Protection Law) provides for the potestative arbitration for consumer disputes within the scope of essential public services or of low economic value, respectively. In both regimes, the consumer is allowed to resolve consumer disputes by arbitration, through a consumer arbitration centre, imposing this will on the professional. In this article, a reference is made to the importance of potestative arbitration in accessing the right by consumers followed by an analysis of the potestative arbitration regimes provided for in the Essential Public Services Law and in the Consumer Protection Law, first alone, highlighting the main aspects of the respective regimes, and then jointly, highlighting the main differences and similarities between them, as well as some procedural problems that arise around both regimes.