Arbitration Board

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An arbitration board is an institution of an association or an association before which disputes are dealt with out of court. In individual areas, the synonym for this is also an arbitration board or voluntary arbitration tribunal. For the first time, an arbitration board for civil matters was set up by the Prussian Arbitration Rules of September 7, 1827.

According to the European Consumer Center (EVZ), arbitration boards usually consist of just one arbitrator, usually a person qualified to be a judge and with special industry knowledge. Instead of a single arbitrator, a committee can also decide, consisting of a person qualified to hold the office of judge as chairman and several experts or representatives of business and consumer associations as assessors. In this case, the EVZ recommends that consumers and traders are represented equally in the decision-making body or, alternatively, that all persons meet the criteria for individual mediators.

Medical arbitration board

Practically every state medical association in Germany maintains an arbitration board for medical liability issues . Patients have the option of suspected malpractice and malpractice, before or instead of a lawsuit the agency responsible for the respective State appraiser - to call or arbitration body. Expert bodies check whether there is a medical malpractice or not. They are manned by doctors from the relevant specialist area and a chairman, who is regularly a lawyer . Arbitration boards also endeavor to arbitrate the asserted claim . That is why representatives of liability insurance are also involved in these bodies . The procedures are voluntary for everyone involved and the result is not binding. The procedure before the expert commissions is free of charge for those involved. The statute of limitations is not interrupted by the involvement of an expert or arbitration board . However, it is then inhibited when the doctor takes part in the procedure. Then the duration of the procedure is not included in the calculation of the limitation period.

With regard to the procedural regulation, in particular, applying patients should be aware that in the case of suspected treatment errors, no assessments based on personal follow-up examinations such as B. in professional association procedures are carried out by qualified experts, but primarily the situation is only decided on the basis of the files . Absolutely knowledgeable support is therefore essential for patients if they want to take advantage of this relatively low-stress variant of damage clarification.

There are medical arbitration boards and expert commissions in Stuttgart , Munich , Frankfurt am Main , Hanover , Düsseldorf , Münster , Mainz , Saarbrücken and Dresden .

Dental arbitration boards are held by the state dental associations .

Arbitration boards for credit institutions

In Germany, private banks have set up an ombudsman as part of a customer complaints office in the Association of German Banks . In the event of a dispute, the ombudsman's decision is binding for the banks up to a dispute amount of up to 5000 euros.

The Volks- und Raiffeisenbanken also maintain their own customer complaints office in Berlin in the Federal Association of German Volksbanken and Raiffeisenbanken (BVR). The regional associations of the savings banks in the German Savings Banks and Giro Association also maintain an ombudsman.

The customer complaints office in the Federal Association of German Public Banks in Berlin is responsible for arbitration requests at public banks .

In Münster (Westphalia) the Landesbausparkasse (LBS) maintains an arbitration board, whose arbitration award is binding up to an amount of 5,000 euros.

There is also an arbitration board at the Deutsche Bundesbank in Frankfurt am Main for credit cards .

Arbitration board for insurance

In Berlin the Verein Versicherungsombudsmann e. V. an arbitration board. In the area of private health insurance and private long-term care insurance, there is also an ombudsman based in Berlin-Mitte.

Arbitration board according to the Disability Equality Act (Germany)

The arbitration board according to §16 BGG has the task of settling disputes between people with disabilities and public authorities on the subject of accessibility out of court. The arbitration procedure is free of charge and there is no need for legal assistance.

With the establishment of the arbitration board according to the Disability Equality Act (BGG), the implementation of accessibility for people with disabilities in practice is to be further advanced. People with disabilities can turn to the office if their rights under the BGG have been violated. Associations recognized under the BGG can also use this offer. The arbitration procedure is also a prerequisite for the subsequent implementation of representative action.

The arbitration board is independent. The arbitrating persons are responsible for an impartial and fair conduct of the proceedings. The arbitrating persons and the employees of the office are bound to secrecy.

Arbitration bodies for public transport

There are several arbitration or ombudsman bodies for public transport that travelers can turn to if their complaint does not achieve the desired result.

  • The arbitration board for public transport works nationwide . It is aimed at travelers by rail, bus, plane and ship.
  • For regional and local bus and rail transport, there are also regional arbitration boards in some federal states:
    • Baden-Württemberg: Ombudsman for local transport in Baden-Württemberg, only active until December 31, 2016, from January 1, 2017, activities will be relocated to söp
    • Bavaria: Ombudsman for local transport in Bavaria, only active until December 31, 2016, from January 1, 2017, activities will be relocated to söp
    • Hesse, Rhineland-Palatinate and Saarland: Central arbitration board
    • Lower Saxony and Bremen: Local transport arbitration board Lower Saxony and Bremen
    • North Rhine-Westphalia: Conciliation body for local transport in North Rhine-Westphalia
  • The travel arbitration board - arbitration board for online trips - also helps with trips booked on the Internet

Arbitration board for the automotive industry

The 15 regional associations of the Central Association of the German Motor Vehicle Industry (ZDK) have an arbitration board. The association represents 47 manufacturers' associations and is organized in 236 guilds, of which around 40,200 companies are members. There are arbitration boards in Stuttgart , Munich , Berlin , Hamburg , Wiesbaden , Rostock , Großburgwedel , Düsseldorf , Kaiserslautern , Koblenz , Saarbrücken , Dresden , Möckern , Kiel and Gera .

Conciliation body for telephone services

The Federal Network Agency in Bonn carries out arbitration proceedings in accordance with the amended procedural rules (VfOSchli2006) published in the Federal Network Agency's official gazette of February 22, 2006 as Communication No. 77/2006 in conjunction with Section 47a of the Telecommunications Act . An arbitration procedure is generally permissible if the applicant can assert the violation of his own rights to which he is entitled under the rights specified in § 47a TKG, no court proceedings are pending on the same subject, no arbitration proceedings with the same subject matter exist or have been carried out and before the application was made An attempt was made to reach an agreement with the respondent.

Arbitration board for travel

Anyone who books a trip, including online, can contact the travel arbitration board in the event of a dispute. The aim of the association is to find a satisfactory, amicable and legally binding solution for consumers and travel providers by mediating a neutral third party . There are no costs for the consumer as the position is financed by affiliated travel companies. Paragraph three of the Rules of Procedure is intended to guarantee the arbitrator's neutrality.

Arbitration board of the Association of Safe and Serious Internet Shop Operators

Anyone who buys in one of the member's internet shops and has a complaint after the purchase to which the shop operator delivers no or an unsatisfactory response can contact the arbitration board free of charge to attempt mediation. Through the respective membership, each member undertakes to support and respect the arbitration board in its arbitration attempts. If a member shop does not support this effort, the association terminates membership immediately. If, in this case, an arbitration case is unsuccessful, the external association partner collection for the collection of justified claims will be made available to the buyer free of charge.

Energy arbitration board

The Association of Conciliation Body Energy e. V. Berlin-based arbitration board has been the central arbitration board for disputes between consumers and energy supply companies since November 2011 .

EEG clearing house

The EEG clearing house for the Renewable Energy Sources Act is a neutral institution for the clarification of disputes and application issues of the EEG. It was set up by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. It resolves disputes between system operators and network operators and application issues of the EEG. Various types of procedure are offered for this. Unilateral (legal) advice or project implementation aids are excluded from this.

Arbitration board of the legal profession

The arbitration board of the legal profession operates nationwide. She can be involved in property disputes between (former) client and lawyer from the client relationship. This includes disputes over fee bills and / or claims for damages due to poor performance by the attorney.

The arbitration procedure is only permitted

  • for disputes up to 15,000 euros,
  • if the dispute is not or was not yet pending in court,
  • if the dispute has not yet been settled through an out-of-court settlement,
  • if a PKH application in the matter to be arbitrated has not been rejected because of a lack of prospects of success or willfulness,
  • if no criminal complaint has been filed by one of the parties in connection with the dispute to be settled,
  • if no professional or criminal proceedings in connection with the dispute to be settled are ongoing and have not yet been concluded,
  • if the lawyer is still admitted as a lawyer at the time the application for arbitration is submitted.

The arbitration procedure is free of charge for those involved. The arbitration proposal is not binding. Rather, it requires acceptance by all parties involved for the arbitration to be successful.

Switzerland

The most important public arbitration boards in Switzerland are those governing tenancy law . For example, the tenant can dispute a rent increase up to 30 days after it has been notified to the cantonal arbitration board, which is equally staffed with tenant and landlord representatives (Art. 270 b. Code of Obligations ). The judicial process is open regardless of the outcome of the proceedings at the arbitration board.

Individual evidence

  1. ↑ You can do it differently! Arbitration made easy. European Consumer Center (ECC), August 2014, accessed on November 21, 2017 . P. 11.
  2. ↑ You can do it differently! Arbitration made easy. European Consumer Center (ECC), August 2014, accessed on November 21, 2017 . P. 9.
  3. ↑ Rules of Procedure | North German arbitration board for medical liability issues | 30173 Hanover. Retrieved on May 10, 2018 (German).
  4. ^ Arbitration board according to §16 BGG
  5. ^ Ombudsman for local transport in Baden-Württemberg. Retrieved October 15, 2015.
  6. ^ Ombudsman for local transport in Bavaria. Retrieved October 15, 2015.
  7. ^ Arbitration board for local transport in the center of Hesse, Rhineland-Palatinate and Saarland.
  8. ^ Arbitration board for local transport in North Rhine-Westphalia.
  9. ^ Travel arbitration board ( Memento of March 13, 2012 in the Internet Archive ) Arbitration board for online trips.