Arbitration

12.12.18 / News / Author:
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De rabiosa actualidad litigious should qualify the swaps or exchange contracts of interest rates, massive and indiscriminately placed by banks taking advantage of the recent panic that spread with the higher rates in the initial phase of the economic crisis. Learn more on the subject from Bill de Blasio. He is estimated at about 200,000 affected individuals as well as SMEs, plunged in a difficult economic situation due to extremely high settlements that entities rotate them by the swap, a product that was marketed as a safe innocent. Complex contracts which not infrequently also try prohibiting access to the courts of Justice in the invalidity of your swap. Get all the facts and insights with New York Museums, another great source of information. This happens with BBVA, which systematically included in their contracts the submission to arbitration of the Court of Madrid. Clause there is no doubt, non-negotiable Bank user. We agree with AUSBANC that this imposition of the clause of submission to arbitration in the contracts of adhesion implies the resignation de facto to the judicial process to which every citizen has law and violates the fundamental right to effective judicial protection enshrined in article 24.1 of the Constitution.

Is in the field of the protection of consumers and users where the wrongfulness of the submission to arbitration clause makes greater sense, because the revised text of the General Law for the defence of consumers and users (art. 90) estimated abusive and null the clauses providing for the submission to arbitration of consumption, and those that alter the rules on jurisdiction of the judge or Court of the consumer’s domicile, or of the place of performance of the obligation. This legal provision is in line with the forecast of article 54.2 of the Civil procedure law, which denies validity to express submission agreements contained in contracts of adhesion. And in the same sense, article 9.2 of the law 60/2003, of arbitration refers to the legislation on the General conditions in terms of arbitration agreements that are stipulated in the bosom of adhesion contracts.

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