Regulations regarding Consumer Arbitration Centre

CHAPTER I
PURPOSE, SUBSTANCE, SETTING AND OFFICE

Article 1
(Purpose)

The Consumer arbitration centre (the Arbitration Centre) aims to promote the resolution of minor disputes, the value of which should not exceed over 50,000 patacas, which may take place anywhere in the Territory of Macau. The dispute resolution may be effected by means of mediation, conciliation and arbitration.

Article 2
(Concept of consumer dispute)

1. Consumer disputes are considered as civil or commercial disputes in respect of supply of goods and services for private use by a person individually or collectively.

2. Disputes resulting from services rendered by liberal professionals are excluded from the scope of the work of the Arbitration Centre, as are those due to civil matters related to a crime to the person, or a physical or moral offence or death.

Article 3
(Voluntary and gratuitous)

The submission of disputes to the Arbitration Centre is voluntary and the procedures are free to both parties.

Article 4
(Arrangement and function)

1. The Arbitration Centre is under the auspices of the Consumers Council, which shall appoint appropriate the Director and technical personnel to deal with the proceedings, and provide the necessary juridical support to both parties.

2. The decisions shall be taken by a judicial magistrate acting as a part-time arbitrator-judge.

3. The arbitrator-judge shall be replaced by another magistrate in the event of his absence of more than a week and during holidays.

Article 5
(Office)

The Arbitration Centre is situated at the office of the Consumers Council, at 77-79 Rua Central, Macau.

CHAPTER II
ARBITRATION PROCEEDINGS

Article 6
(Scope of Jurisdiction)

1. The agreement of both parties is necessary for the submission of disputes for hearing and decision by the Arbitration Centre.

2. The arbitration agreement mentioned above may be considered for the settlement of an existing dispute or as a clause for use in the event of any future conflict.

3. The arbitration agreement should in both the above cases be wholly or partly laid down in writing, or derived from written documents, according to the law regulating voluntary arbitration.

Before the arbitration decision is made, the parties may sign a document rescinding their decision to submit the case to the Arbitration Centre.

Article 7
(Traders’ Membership)

1. Traders or their duly authorized representatives can declare at any time, in writing and in general terms that they agree to be bound by the regulations regarding arbitration in consumer disputes.

2. The traders thus agree to submit to a hearing before an arbitrator in respect of any dispute to which they are party.

3. At the time of the agreement to be bound, the parties to the general contractual clauses assume the obligation to introduce a clause regarding the settlement of disputes in the contracts signed with consumers and to accept the competence of the Arbitration Centre in the event of a dispute in respect of that contract.

4. The Arbitration Centre will display a list of those traders who have joined the scheme and issue an approved emblem to be displayed on the members’ premises or elsewhere.

5. The right to use the emblem ceases if a participant rescinds his membership, or does not comply with his commitment under it or refuses to comply voluntarily with any decision.

Article 8
(Complaint)

1. A consumer complaint should be presented by the party involved.

2. The complaint, with the subject and object of the dispute identified, should be in writing, preferably on headed paper and with the relevant attachments duly numbered and countersigned by the party.

3. All procedures are recorded in the case file.

Article 9
(Summons to conciliation and award)

1. The parties are summoned to conciliation followed by a related award (judgement), notified by registered letter with a receipt attached.

2. The notification should refer to the right of plea as in Clause 1 below, the information referred in Clauses 2 and 3 of Article 15, as well as the date and location of the conciliation proceedings.

Article 10
(Plea)

1. The entity to whom the claim is addressed can plead in writing, if so desired, until the date fixed for the conciliation proceedings, or verbally during the proceedings.

2. Any lack of plea is judged by the magistrate freely and does not mean admitting the facts pleaded or an automatic conviction.

Article 11
(Location of conciliation proceedings and hearing)

1. The conciliation proceedings and the hearing will take place at the office of Consumers Council.

2. Taking into special consideration the conditions and characteristics of submitting the proof, the arbitrator-judge can, exceptionally, determine the shifting of local of hearing.

Article 12
(Conciliation proceedings)

1. At an appointed date and location, the Director and technical staff of the Arbitration Centre will attempt to come to a just solution that satisfies both parties.

2. The conciliation agreement can be formulated explicitly in the text of the case file or drawn up in the minutes of the meeting.

Article 13
(Delivery of writs)

At the end of the conciliation proceedings, a writ may immediately be presented to the arbitrator-judge for the purpose of legal ratification of the conciliation agreement or of the hearing, depending whether a solution has been found.

Article 14
(Ratification of agreement)

1. The conciliation agreement is valid if the following conditions are met:

a) Parties should act on their own behalf or through a duly empowered agent;

b) Parties should have legal capacity;

c) Conciliation should be feasible;

d) The dispute should be within the scope of jurisdiction and suitable for arbitration;

e) Any other matters relating to the dispute have been checked.

 

2) Legal ratification has the same value and force as the decision given by the arbitration hearing.

Article 15
(Presentation of evidence)

1. Any evidence in accordance with the law may be presented during the arbitration proceedings.

2. Before the hearing the parties should provide all evidence necessary for the prosecution to prepare its case.

3. Neither party should call more than three witnesses.

4. The witnesses are presented by the parties unless the arbitrator-judge, at the request of the party concerned with due notice, rules otherwise.

5. On its own initiative or by formal petition of one or both parties, the Arbitration Court can:

a) Record the personal statement of parties;

b) Hear evidence from third parties;

c) Take steps to deliver any documents considered necessary;

d) Appoint one or more experts, fix their terms of reference and receive their statement and/or report;

e) Order direct investigations or checks.

6. The parties should be notified in good time regarding hearings and meetings of the Arbitration Court.

Article 16
(Arbitration decision)

1. At the end of the submission of evidence, the judge-arbitrator shall immediately announce the decision, which shall be recorded in writing or dictated for the minutes of the case.

2. The decision should identify the parties and give reasons.

3. During the arbitration agreement or hearing the judge-arbitrator shall reserve the right, unless the parties choose otherwise, to adopt the principles of equity.

Article 17
(Notification of decision and power of implementation)

1. If the parties are present at the end of the hearing, they shall be notified of the decision there and then; if they are absent they shall be notified of the decision within five days by registered letter with receipt attached. They will be sent or handed a copy or legible photocopy.

2. The arbitration decision can be executed in a similar manner to a judicial court order.

3. The arbitration decision is kept in the assisting department of the Consumers Council.

Article 18
(Rectification or clarification)

Within seven days of the final decision, if no other time was agreed, any of the parties can request the arbitration court to rectify any casual mistakes of calculation or similar, and request clarification of any vagueness or ambiguity in the reasoning or the decision, applying the rules under Article 31 of the Decree-Law no. 29/96/M, of June 11.

CHAPTER III
GENERAL GUIDANCE

Article 19
(Representation in the case)

Parties are not obliged to appoint a lawyer, and may defend themselves and their interests in the dispute.

Article 20
(Use of forms)

The complaints and documents concerning the case should preferably by presented using the appropriate forms provided by the Arbitration Centre.

Article 21
(Periods of Time)

1. Periods of time are continuous and are not suspended during judicial holidays.

2. Any period which ends on Saturday, Sunday or a holiday is postponed to the following working day.

3. In calculating any period of time, the day on which the proceedings take place is excluded.

Article 22
(Notifications)

With the exception of conciliation, the hearing and the final decision, notifications are sent by ordinary registered post.

Article 23
(Supplementary rights)

The general principles of voluntary arbitration, approved by Decree Law no. 29/96/M, of June 11, may be applied supplementarily.