The implementation of the arbitration system is simple and immediate. It is necessary to take into account the type of commercial relationship that links the parties.
If the relationship is between companies or self-employed people, it is sufficient to include the arbitration clause whereby the parties commit to submitting to arbitration in the documents: invoice, delivery orders, etc.
If a private individual or consumer is part of the relationship, two documents must be signed:
- The document formalising the relationship with the company: contract, quote, order form, etc.
- An individual and independent document: arbitration agreement
In order to offer more detailed information to the private individual, and in accordance with current law and jurisprudence, the arbitration agreement must be negotiated individually.
- The parties must agree to resort to arbitration in case of dispute or disagreement.
- The Arbitration Clause or Arbitration Agreement must be signed in the contract, quotes, order forms, delivery orders, etc.
Both the AEADE arbitration agreement, and the specific contracts for sectors which include the arbitration clause, are duly inscribed in the Register of General Contract Terms and Conditions of Madrid.
In order to implement arbitration, two aspects must be taken into account:
- Type of commercial relationship
- Sector of activity
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