The consumer arbitration system, which can only be requested by the consumer, performs an undoubtedly significant social role.
This system is compatible both with ordinary justice and private arbitration, and its stability is not affected, but rather strengthened by this coexistence.
Submission to private arbitration by AEADE when one of the parties is a consumer or user, should comply, in accordance with current law, with the following three requirements:
That the clause be negotiated individually.
That there is no significant imbalance, against the requirements of good faith, between the rights and obligations of the parties derived from the contract.
That the circumstances at the time the proceedings are initiated be borne in mind, as the rest of the clauses of the contract or of any other agreement the contract depends on.
In this sense, for the submission to AEADE arbitration to comply with all the requirements of current law it is necessary that the consumer may choose between submitting or not and, in any case, that this not be a general condition, but rather a specific and optional condition, for the contracting parties.
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