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Consumer Arbitration System

Arbitration System, Arbitration System Matters ...

Arbitration System: NATIONAL CONSUMER ARBITRATION BOARD – MEMBER ESTABLISHMENT

IBERDROLA COMERCIALIZACIÓN DE ÚLTIMO RECURSO, S.A.U. and IBERDROLA CLIENTES S.A.U. have adhered to the Consumer Arbitration System covering all of Spain through the Regional Arbitration Boards for the resolution of any conflicts arising with their customers.

Thus, if you lodge a claim against Iberdrola through the channels it makes available: Claims Service telephone number 900 225 235, e-mail clientes@iberdrola.es, the form below or any of our Customer service points, and it has not been resolved within 30 days, you may contact the Arbitration Board in your region for any matters which are the responsibility of the retailer.

Arbitration System Matters: MATTERS THAT MAY BE SUBMITTED TO THE CONSUMER ARBITRATION SYSTEM

The customer may file the claims deemed pertinent concerning contracted electricity or natural gas supplies through any of the channels made available by Iberdrola.

If a satisfactory response is not received within 30 days, if the supply is located in the autonomous regions of Aragon, Asturias, Castile-La Mancha, Castile and León, Catalonia, the Valencia Region, Extremadura, Galicia, La Rioja or Navarre, and if the claim concerns any of the cases for which IBERDROLA has submitted its resolution to arbitration due to the responsibility being held by the retailer, the customer may direct the claim unto the corresponding Regional Arbitration Board.

What is?: OUT-OF-COURT SYSTEM FOR RESOLVING CONFLICTS BETWEEN CONSUMERS AND PROFESSIONALS

The Consumer Arbitration System is defined as an out-of-court system for conflict resolution between consumers and users and companies or professionals through which, without requiring special formalities and with a binding, executive nature applicable to both parties, claims of consumers and users are resolved as long as the conflict neither implies intoxication, injury or death, nor reasonable evidence of an offence

Through the Consumer Arbitration System, the parties voluntarily submit to an arbitration panel -which acts upon principles of impartiality, independence and confidentiality- the decision on the controversy or conflict between them.

This decision, which is binding on both parties, has the same effect as a legal ruling.

The basic regulations of the Consumer Arbitration System are contained in:

The activity of the Consumer Arbitration Boards, which are administrative bodies, is governed by the provisions of Royal Decree 231/2008, dated 15 February, and by Act 30/1992, dated 26 November, on the Legal Regime of Public Administrations and Common Administrative Procedure.

Types of claims: WHAT TYPES OF CLAIMS MAY BE RESOLVED THROUGH THE CONSUMER ARBITRATION SYSTEM?

Conflicts which arise from claims made by consumers or users who are titleholders of a supply/services contract for electricity, gas, and other products and services with IBERDROLA COMERCIALIZACIÓN DE ÚLTIMO RECURSO S.A.U. or with IBERDROLA CLIENTES S.A.U. may be submitted to arbitration in the following circumstances:

  • When the discrepancy arises exclusively in relation to matters for which the retailer is responsible: customer service, contracts, billing and collections.
  • Those matters for which the distribution companies are responsible are expressly excluded, in accordance with applicable legislation: grid expansion, granting of grid access, metering, readings, inspection, supply quality including the continuity/interruption of supply and possible damage caused by incidents in the electrical grid.
  • When the claim has already been filed with the Iberdrola Customer Service department.

Nevertheless, the following may not be subject to the consumer arbitration process:

  • Matters for which a firm and final legal ruling exists.
  • Those issues over which the parties are not entitled to dispose.
  • Those matters in which, according to legislation, the intervention of the Public Prosecutor is required may not be submitted to the Consumer Arbitration Board.
  • In the event of intoxication, injury, death or reasonable evidence of an offence.
  • Civil liability for damages directly derived of intoxication, injury, death or acts in which reasonable evidence of criminal offence exists.

Procedure: CONSUMER ARBITRATION SYSTEM PROCEDURE

The customer may file the claims deemed pertinent concerning contracted electricity or natural gas supplies through any of the channels made available by Iberdrola.

If a satisfactory response is not received within 30 days, if the supply is located in the autonomous regions of Aragon, Asturias, Castile-La Mancha, Castile and León, Catalonia, the Valencia Region, Extremadura, Galicia, La Rioja or Navarre, and if the claim concerns any of the cases for which IBERDROLA has submitted its resolution to arbitration due to the responsibility being held by the retailer, the customer may direct the claim unto the corresponding Regional Arbitration Board.

Procedure: HOW DO THE ARBITRATION PROCEEDINGS WORK?

Request

These start with the submission of a Request for Arbitration, which may be filed directly with the relevant Consumer Arbitration Board  or through a Consumers' Association.

Once the request is received, it is evaluated to confirm that it meets the legally established requirements and that the claim may be resolved by the Consumer Arbitration Board.

In those cases where Iberdrola is a member of the System in that Regional Community, the President of the Arbitration Board sets the start date of the arbitration proceedings.

Mediation

When there are no grounds for rejecting the Request for Arbitration and unless the parties are opposed to mediation, or it has already been tried previously without resulting in an agreement between them, the Consumer Arbitration Board, through the proceedings established by each, will make an attempt for the parties to reach an agreement without requiring the intervention of the arbitrators.

The mediators, as is the case with the arbitrators, are bound by the principles of impartiality, independence and confidentiality.

The time allowed for mediation may imply a one month suspension of the maximum time period granted for issuing a decision (6 months).

Arbitration panel

Once the arbitration proceedings being, the President of the Board, according to the list of certified arbitrators for the Consumer Arbitration Board, will appoint a single arbitrator or arbitration board to resolve the conflict.

A single arbitrator is assigned:

  • When the parties so agree.
  • Unless the parties object, by decision of the President of the Consumer Arbitration Board, as long as the amount subject to discrepancy is less than €300, and the matter is not sufficiently complicated to advise otherwise.
  • The single arbitrator will be appointed amongst the certified arbitrators proposed by the public administration unless the parties, by mutual agreement, request for reasons of specialization that another certified arbitrator be appointed.

In all other cases, the matter will be dealt with by an arbitration panel composed of three certified arbitrators, each one selected from those proposed by:

  • the Public Administration,
  • the consumers' and users' associations, and
  • professional or business organisations.

The arbitrators will act collectively, and the arbitrator proposed by the Administration will act as president. Nevertheless, the parties, through mutual agreement, may request the appointment of a President of the arbitration board other than the one proposed by the public administration when the specialised nature of the claim so requires.

Procedure: PLEADINGS BY THE PARTIES AND HEARING

Arbitration is processed through the electronic consumer arbitration channel by the Consumer Arbitration System On-line Office. Through this on-line system, the parties will be heard and provided with all the documents, pleadings or evidence submitted. In particular, the parties will be required to answer the request and attend the hearing, during which they may provide any information they deem of interest concerning the existing conflict.

At any time prior to the end of the hearing, the parties may modify or expand their Request and defence, even considering a counter-claim against the claimant.

Evidence

The Arbitrator shall request any evidence deemed pertinent, either on his own initiative or that of the parties.

When the evidence is decided by operation of law, it will be paid for by the Administration on which the Consumer Arbitration Board depends. When it is proposed by the parties, these must bear the cost.

Award

The Procedure ends with an arbitration award, similar to a legal ruling, which resolves the conflict and is considered a final decision.

In the event that the parties reach an agreement on their own while the proceedings are under way, this agreement will be formalized as an award of conciliation, which will also have the same force as a legal ruling.

Appeals

The arbitration award may only be subject to a Cancellation Appeal before the Provincial Court, within a period of two months as of the notification to the interested parties, and an Appeal for Review, in accordance with the provisions set forth in legislation on proceedings related to final legal rulings.

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