Arbitration and Mediation in Consumer Disputes at the Consumer’s Option

Directive 2013/11/EU, of 21 May 2013, applies to domestic and cross-border out-of-court dispute resolution procedures relating to contractual obligations arising from sale or service contracts between traders established in the Union and consumers resident in the Union through the intervention of an Alternative Dispute Resolution (ADR) entity which proposes or imposes a solution, or which brings the parties together to facilitate an amicable solution. In this context, the Portuguese legislator established the Consumer Protection Law, in 2019, under which small consumer claims are subject to compulsory arbitration or mediation when, at the consumer’s express option, they are submitted for the consideration of an arbitration tribunal at one of the legally authorized consumer arbitration centres. This article sets out to examine these arrangements, starting with an analysis of their conformity to European Union law. We will then look at the solutions adopted by other Member States of the Union for out-of-court settlement of consumer disputes. In particular, in French, German, Italian and Spanish law. Lastly, after examining the main features of the Portuguese system, it is concluded that it offers an original solution, and consideration is given to the advantages of its possible adoption in the legislation of other Member States.