Thursday, 29 de July de 2010
Thursday, 29 de July de 2010
Society nowadays has been asking for mechanisms of conflict resolution faster and more efficient than those provided by the traditional judicial system.
Arbitration is a deeply rooted institution in our country, but still not well known enough, even though arbitration system is progressively permeating both society and companies. Arbitration means a way to solve conflicts, alternative to civil courts, offering an easy,efficient and economic solution.
Spanish laws have tried to encourage this institution: at first, through Royal Decree 1094/1981, 22nd May; later, with Law 36/1988, 5th December. However, they have not meant a lot until the passing of Law 60/2003 about Arbitration, the moment when the arbitration institution has been entirely systematized and developed; not only in a international sense, but also nation-wide. The law still does not count with many practical applications.
Not many people are aware of the fact that arbitration produces the effects of an unappealable judgment; appeals cannot be lodged against an arbitrator’s decision. There are no doubts about advantages such as speed in conflicts solving as regards judicial processes. The decision is directly executable before a Court of Justice, just as a civil court ordinary sentence, in the event of failure to comply on the condemned part.
Periods are enormously shortened in the arbitration system; decisions can be pronounced in just a few weeks. This is possible thanks to the establishment of communications using easier, more flexible ways than those used by courts of justice. In arbitration processes is common the use of e-mail, fax, and other electronic means, provided that they permit the sending of documents, and the securing of their emission and reception.
Advantages of the arbitration process do not only mean saving time, but also an important economic saving for the discordant parts –versus average cost of an ordinary judicial process. Speed is crucial in the commercial and industrial field, for the interests and good running of the enterprises.
It is an efficient, effective system, given the fact that abritrators can be chosen by the discordant parts among those on the Public Arbitrators List, to be composed exclusively by qualified lawyers, expert on the matter to be judged.
Aiming to provide an adequate response to the need of solving conflicts agilely and effectively, not needing a judicial process, Gijon Honorable Bar Association and Gijon Chamber of Commerce, Industry and Navigation have joined forces, creating the Gijon Arbitration Court.
The Court started its activity on 1st January 2009, and it is devoted to the solving of controversies between companies and individuals; being, therefore, commercial and civil law the ones to be on debate in this arbitration site.
You can have access in this same section to the Arbitration Court Statue, and the Public Arbitrators List participating in the mentioned court.
It can be said that arbitration, given the saturation of our courts of justice and the savings that it means, is destined to be the most common way of conflict solving in the future. In Gijon, it is possible to use it right now, with all security.
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