Identifier: TFG:591
Authors: Reche Cantos, Sandra
Abstract:
Everybody knows that ordinary judicial proceedings are slow, expensive and complicated. It may take years from the filing of the demand until resolution of the dispute, through all the resources in front of the same and the costs and expenses induced by the prosecution. For this reason are, increasingly, in boom systems of extrajudicial resolution of disputes, known as Alternative Dispute Resolution Systems (ADR). These alternative ways, which include negotiation, mediation, conciliation and arbitration; they have undergone significant legislative changes both at the state level as a European, precisely to promote them. And the experience is really positive, because they can end disputes quickly, efficiently and economically. In this project, "Arbitration and arbitration activity of the Administration. The consumer arbitration " we will study, as its title indicates, the institution of arbitration: its concept, the procedure, and its distinction from the rest of ADR. However, arbitration is not only of a private nature, but the Public Administration also has authority to exercise as an arbiter in the conflict arising between the administered. So, we will see what the arbitration activity of the Administration is, which are its principles and its powers to exercise it. We will also make a brief reference to the historical background of this system, because although it seems relatively recent, its origins can be traced back to ancient times, but it reached its highest development in the Ancient Rome with Law of the XII Tables. In our country, the consumer arbitration is the most commonly used procedure of arbitration of the Administration. Because of its importance, we will finally do an analysis of their regulation, scope of application and its functioning.