Alternative dispute resolution bodies
Alternative dispute resolution bodies (AS bodies) are, according to Art. 4 (1) of the AS Directive (AS-RL), bodies which, regardless of their designation, are permanently set up, offer the settlement of a dispute in an AS procedure and in a List according to Article 20 Paragraph 2 of the AS-RL.
According to the AS-RL, AS bodies and the AS procedure must guarantee certain criteria with regard to impartiality, independence and transparency, and various requirements must also be specified with regard to the parties' obligation to provide information and data protection.
The AS units are set up by the EU member states in accordance with the AS-RL . The AS agencies can be operated by public or private institutions. Mandatory requirements for an AS body are (examples):
- continuous fulfillment of the national requirements,
- Inclusion in a constantly updated national list of AS bodies,
- reporting to the European Commission as an AS body in accordance with Art. 20 (2) ADR-RL .
The name AS -stelle is not mandatory; a different designation can be chosen in national law (e.g. dispute arbitration body, arbitration body or consumer arbitration body, customer complaint body, etc.).
The Consumer Dispute Settlement Act (VSBG) regulates the establishment of consumer arbitration boards in Germany, Austria and Liechtenstein have alternative dispute settlement laws (AStG).
literature
- Matthias Roder, Peter Röthemeyer, Felix Braun: Consumer Dispute Settlement Act. CH Beck, Munich 2017, ISBN 978-3406692321 .
- Marcellus Schmidt: Consumer arbitration boards in Germany. Responsibility, procedure, particularities. tredition, Hamburg 2020, ISBN 978-3347009141 .
Web links
Individual evidence
- ↑ Martin Fries: Directive on Alternative Dispute Resolution in Consumer Matters (AS Directive, ADR Directive) June 18, 2013
- ↑ Martin Fries: Implementation of the AS Directive June 21, 2014
