The law's content and scope
section 1 of this Act apply to ADR
initiated by a consumer concerning his or her claim
against a trader, if the claim arises from contracts relating to the purchase
of goods or services between the consumer and the trader in
accordance with European Parliament and Council directive
2013/11/EU of 21 may 2013 on alternative dispute resolution for
consumer disputes and amending Regulation (EC) no
2006/2004 and directive 2009/22/EC, in the original
wording (dispute settlement).
The law provides for the designation and acceptance of
boards for alternative dispute resolution, withdrawal of a
approval, as well as information on such dispute resolution councils.
The Act also contains provisions that complement
European Parliament and Council Regulation (EC) no 524/2013 of
21 may 2013 on online dispute resolution for consumer disputes
and amending Regulation (EC) No 2006/2004 and directive
2009/22/EC (the EU's dispute resolution Regulation).
Definitions
2 for the purposes of this Act, section
1. the Committee for alternative dispute resolution: a dispute resolution Board
designated or approved in accordance with this Act,
2. alternative dispute resolution: resolving disputes that are taking place at a
Board for alternative dispute resolution,
3. "consumer" means any natural person who is acting primarily for
purposes which are outside business activities, and
4. "trader" means any natural or legal person who is acting
for purposes relating to their own
economic activity.
Competent authority
section 3 of The Government authority determines to be competent
authority in accordance with this Act and the EU's dispute settlement regulation.
Appearance and acceptance of boards for alternative dispute resolution
section 4 of the Government may designate an administrative authority to be
Board for alternative dispute resolution under this Act, if
the Authority meets the requirements referred to in paragraph 6. The provisions
in paragraph 4, 5, 7 and 9, paragraphs shall not apply in the case
If such a dispute resolution Board.
The competent authority decides on issues concerning the approval of
boards for alternative dispute resolution.
A Committee for alternative dispute resolution (ADR) that have been appointed or
approved in accordance with this law shall be notified to the European
the Commission of the competent authority.
section 5 an application for approval as a Board for options
disputes shall be submitted to the competent authority and shall
include the following information:
1. the Board's name and contact information, including
email address, and Web address,
2. the Board's organization and financing,
3. how the members of the Board are appointed, for the time they are appointed,
how the remuneration paid to them are determined and their
employment relationships,
4. the procedural rules applicable to dispute resolution,
5. any fees,
6. the time it takes on average to resolve a dispute,
7. the language or languages in which complaints can be lodged and
the dispute settlement procedure can be carried out,
8. what kinds of disputes covered by the competence of the Board,
9. the grounds on which the Board may dismiss a particular instance,
and
10. a reasoned explanation for that Board meets
the requirements referred to in paragraph 6.
The competent authority may request from the applicant
additional data needed to examine an application.
section 6, A dispute resolution Board shall be approved if the Board meets
the requirements laid down in article 5 of the directive, as well as dispute resolution requirements
on the expertise, independence, impartiality, transparency, effectiveness
and justice procedural rules pursuant to articles 6 to 9 of
dispute settlement directive.
Information to the competent authority
7 § A Board for alternative dispute resolution as soon as possible
notify the competent authority if the information has been
the basis for approval in accordance with this law to be changed. On
request of the competent authority to councils for
alternative dispute resolution (ADR) otherwise provide such information
on its activities which it needs for its supervision.
section 8 a of ADR shall every two years
Please provide the following information on its activities to the
competent authority:
1. the number of received claims and which types of complaints
they intended,
2. percentage of alternative dispute resolution procedures
that ended before a result could be achieved,
3. the amount of time it took, on average, to resolve disputes,
4. the extent to which the results of the alternative
dispute settlement procedures have been followed, if known,
5. any systematic or significant problems that often
occurs and leads to disputes between consumers and
traders and, if possible, recommendations about how such
problems can be avoided or resolved in the future,
6. assess, where applicable, of how effective
cooperation is within the network of alternative dispute resolution
the purpose of which is to facilitate the solution of
cross-border disputes,
7. What training is given to the natural persons who
responsible for alternative dispute resolution, and
8. an evaluation of how effectively the alternative
dispute settlement procedure which it offers are, and possible
ways to improve efficiency.
Withdrawal of an approval
§ 9 the competent authority shall revoke an approval of
a Board of ADR if the requirements of section 6 of the
are no longer met. An authorisation may also be cancelled
If the dispute settlement Board, does not comply with the obligation to provide
information to the competent authority in accordance with section 8.
The same applies if the dispute settlement Board, does not comply with the requirements
in accordance with article 9(7), or 10 of the EU's dispute resolution regulation, in
the original wording.
Before an approval is revoked due to defects in accordance with section 6, the competent authority shall give the dispute settlement Board
opportunity to comply with the requirements within three months.
The competent authority shall notify the decision of withdrawal of
approval to the European Commission.
Information for consumers
section 10 a trader who is committed to solving the dispute with
a consumer through alternative dispute resolution should provide clear,
comprehensible and accessible information about the
boards for alternative dispute resolution as obligation relates.
The information shall be provided
1. the trader any websites which target
to consumers, and
2. in any written contract terms between
the trader and the consumer.
That information shall include the relevant dispute settlement Board
Web address and postal address.
11 § a trader that fully or partially oppose a
requirements from a consumer on the basis of an agreement between them,
at the same time, provide the consumer with information on the Board
alternative dispute resolution (ADR) which the consumer can turn to
in order to have their claim heard. The trader shall also
inform the consumer as to whether the trader intends to
participate in the dispute settlement procedure.
The information referred to in the first subparagraph shall be completed and
understandable, contain the relevant dispute settlement Board
Web address and postal address, and is given in a document or in
any other legible and permanent form which is available for
consumer.
paragraph 12 of the rules on consumer information to be provided by
traders are found in article 14 of the EU's dispute settlement regulation.
Sanction in case of non-information for consumers
section 13, if the trader does not give information in accordance with 10
or section 11 and article 14 of the EU's dispute resolution regulation, in
the original wording, the Marketing Act
(2008:486) applied, with the exception of the provisions of 29-36
sections on market interference charge. Such information shall be deemed to
be substantial under the third subparagraph of paragraph 10 of the Act.
Alternative dispute resolution impact on limitation and
limitation periods
section 14 of The period for commencing proceedings or a limitation period which runs at the
time of proceedings before a Board for options
dispute resolution was initiated and the thing
the procedure relates to expire no earlier than one month after
procedure, unless otherwise provided by the Swedish International
commitments.
Appeal
section 15 of the decision of the competent authority in accordance with paragraphs 4 and 9 may
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
