Law (2015:671) On Alternative Dispute Resolution In Consumer Relations

Original Language Title: Lag (2015:671) om alternativ tvistlösning i konsumentförhållanden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:671

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.