•   Main Page  
•   Online Complaint  
  Complain and Enquiry Online Complaint Consumer Complaint Categories
• News & Reports
  Activities                 News
• Laws
• Publications
  Consumer Report  Leaflets
• Certified Shop
  Certified Shop introduction Shop list - Certified Shop
• C.A.C.
  Introduction Regulations Adherents List Consultants List Application Mediation and arbitration

Main page >> C.A.C. >> Regulations

Consumer Arbitration Centre

Regulations

CHAPTER I
OBJECTIVE, DEFINITION, NATURE, COMPOSITION AND HEAD OFFICE

Section 1
(Objective)

• The Consumer Arbitration Centre (hereafter termed “the Arbitration Centre”) aims to solve consumer disputes occurring in the territory of Macao through the provision of intermediary services, mediation and arbitration in cases in which the claims involved do not exceed MOP 50,000 (patacas).

Section 2
(Definition of Consumer Dispute)

1. Consumer disputes refer to civil or commercial disputes arising from the supply of goods and/or service(s) rendered by a person individually or collectively.



2. Disputes relating to (i) services rendered by liberal professionals; and (ii) physical harm and mental suffering or death arising from civil or criminal liabilities collectively are not within the scope of the service of the Arbitration Centre.

Section 3
(Voluntary and Complimentary Status)

• Submission of a dispute to the Arbitration Centre is voluntary and the arrangement of the arbitration procedures is free to both parties.

Section 4
(Composition and Operation)

1. The Arbitration Centre operates under the auspices of the Consumer Council. In this regard, the Consumer Council can appoint an experienced officer and/or staff who are specialized in mediation to provide appropriate legal advice to both parties.



2. The decision shall be taken by a judiciary magistrate acting as a part-time Arbitration Judge.



3. In the event of the Arbitration Judge being unable to remain in office for longer than one week’s duration or being on holiday, he/she can be replaced by another magistrate.

Section 5
(Head Office)

• The Arbitration Centre is situated at Rua Inácio Baptista, no. 6- 6A, Edifício Seaview Garden, R/C Macao and operates inside the head office of the Consumer Council.

CHAPTER II
ARBITRATION PROCEEDINGS

Section 6
(Scope of Jurisdiction)

1. The decision to submit a dispute to the Arbitration Centre for trial requires the consent of both parties.



2. If the consent of both parties as mentioned above is reached to solve the dispute through arbitration, then such a dispute can then be settled by this means. Other potential and future disputes can be handled by enacting new arbitration clauses.



3. In respect of Clauses 6.1 and 6.2 above, the arbitration agreement shall be made in writing in the manner as laid down in the voluntary arbitration law.



4. Before the arbitration result is reached, the parties involved may sign a document revoking their previous agreement to proceed with the dispute(s) through the Arbitration Centre.

Section 7
(General Admission of Traders’ Membership)

1. Under the existing Consumer Arbitration Mechanism in respect of handling consumer disputes, traders or their authorized representatives may make a general or written declaration in advance to declare their will to join the Arbitration Mechanism as ‘Adherent(s)’.



2. By the aforesaid declaration (Section 7 (1)), the traders who become new Adherents agree to submit the consumer disputes to the Arbitration Centre for decision.



3. In the case of admission to the status of “Adherents” with regard to the Consumer Arbitration Mechanism, it is specified that if new Adherents need to draw up contracts with consumers, those new Adherents shall insert into the contracts a clause or clauses concerning the referral of disputes for arbitration. According to the existing arbitration terms, new Adherents shall recognize the authority of the Arbitration Centre if disputes arise from the contracts drawn up between the new Adherents and the consumers.



4. The announcement of the approval of new Adherents is made by the Arbitration Centre by displaying a list of new registered Adherents in the Head Office of the Consumer Council and also by issuing an approved emblem to be displayed in a conspicuous place at the Adherents’ business premises or elsewhere.



5. The right to use the emblem will cease immediately upon an Adherent revoking his admission by his or her own declaration, or failing to comply with his or her commitment in accordance with the declaration, or failing to comply with any decision made by the Arbitration Judge.

Section 8
(Complaint)

1. A consumer complaint must be presented exclusively by the party involved.
   


2. Issues and points of argument should be stated clearly in the complaint which must be put in writing, preferably on headed paper(s) and filed together with its supporting documents. Such complaint and its related documents will be initialed and paginated by the officer who handles the case.
   


3. All procedures are recorded in the case file.

Section 9
(Summons to Mediation and Award)

1. A summons for Mediation Proceedings or subsequent hearing(s) will be issued to the parties related to the consumer dispute, by means of registered post with an acknowledgement of receipt for both parties to sign, and an acknowledgement of delivery and signed receipt returned to the Consumer Council.



2. A right to plea as depicted in Clause (1) of Section 10 and information as defined in Clauses (2) and (3) of Section 15, together with the date and venue for the Mediation Proceedings are to be contained in a Notification attached to the Summons.

Section 10
(Plea)

1. The entity or party against whom the complaint is addressed may plead, either in writing or orally, during the hearing of the case or ahead of the specified date of Mediation Proceedings.
   


2. The Arbitration Judge can take a decision at his or her own discretion in the absence of a plea. However, the absence of plea does not constitute to an admission of fact or voluntary acceptance of penalty.

Section 11
(Location of Mediation Proceedings and Hearing)

1. Mediation proceedings and hearing(s) for arbitration will take place in the Arbitration Centre located at the Head Office of the Consumer Council.



2. In considering the condition and nature of the evidence, the Arbitration Judge has discretion, under exceptional occasions, to determine a venue or venues for the hearing other than the Head Office of the Consumer Council.

Section 12
(Mediation Proceedings)

1. At an appointed date and location, the officer-in-charge or specialized staff of the Arbitration Centre will strive to reach a just solution that satisfies both parties.
   


2. The mediation agreement can be formulated explicitly in the text of the case file or reported in the minutes of the meeting.

Section 13
(Delivery of Mediation Outcome)

• At the end of the mediation proceedings, the outcome of the mediation must be delivered to the Arbitration Judge immediately. The Arbitration Judge will consider whether to approve the mediation or proceed to hearing after taking into account of the said outcome.

 

Section 14
(Ratification of Agreement)

1. The mediation agreement is valid if and only if the following conditions are met:
   
• Parties act on their own behalf or through an authorized agent;
• Parties are capable of pursuing a lawsuit and are of sound mind;
• Mediation should be feasible;
• The dispute must be within the scope of jurisdiction of the Consumer Arbitration Centre;
• Any other presumptions or materials relating to the concerned case have been verified.


2. The legal status and effect of an arbitration judgment is the same as that of a judiciary court order.

Section 15
(Proof of Evidence)

1. Any evidence recognized by law may be presented during the arbitration proceedings.
   


2. Before the hearing the parties should provide all evidence necessary for the proceedings.
   


3. Neither party can call more than three people to testify/give evidence.



4. Those testifying/giving evidence are appointed by the parties involved unless the Arbitration Judge, at the request of the party concerned and with due notice, rules otherwise.
   


5. The Arbitration Centre may act on its own initiative or at the request of either party concerned to:
   
• Collect the party’s personal allegation;
• Hear evidence from third parties;
• Request the submission of documents deemed necessary for hearing;
• Appoint one or more experts, fix their terms of reference and receive their statement(s) and/or report(s);
• Request direct analysis or investigations.
  


6. Advance notification shall be given to the parties involved before a meeting or meetings in connection with the mediation and/or hearing is/are proceeded with respectively by the Arbitration Centre.

Section 16
(Arbitration Decision)

1. At the end of the submission of evidence, the Arbitration Judge shall announce the decision immediately, which shall be recorded in writing or reported verbatim in the minutes of the case.
   


2. The decision should outline the identity of each of the parties involved and give the reasons for the decision.
   


3. The Arbitration Judge shall make the decision in accordance with the law. However, there is no limitation on the parties concerned in applying the principle of equity during the making of the arbitration agreement or in the progress of arbitration proceedings.

Section 17
(Notification of Judgment and Power of Implementation)

1. If the parties involved are present at the end of the hearing, they shall be notified of the decision there and then by means of an arbitration record and a copy of the judgment or a legible copy of the same. If they are absent, they shall be notified of the decision within five days by means of registered post with an acknowledgement of receipt for both parties to sign, and an acknowledgement of delivery and signed receipt returned to the Consumer Council.
   


2. The arbitration judgment has the same legal status, weight and effects as a judicial court order.



3. The arbitration judgment is filed and retained in the Auxiliary Department of the Consumer Council.

Section 18
(Rectification or Clarification)

• If no time bar specifies, either party, before seven days have elapsed since the date of announcement of the decision (excluding the date of the announcement, see Section 21(3) below), may apply to the Arbitration Centre for rectification of any alleged defect, miscalculation, omissions or matters of a similar nature that had appeared in the written judgment and/or clarification of any vagueness and/or ambiguity in the judgment; any other situation applies that conforms to the rules under Article 31 of the Decree-Law no. 29/96/M, of 11-June/1996.

 

CHAPTER III
GENERAL GUIDANCE

Section 19
(Representation in the Case)

• Parties are not obliged to appoint a lawyer, and they may defend themselves and their interests in the dispute.

Section 20
(Use of Forms)

• The complaints and documents concerning the case should preferably be presented using the appropriate forms provided by the Arbitration Centre.

Section 21
(Periods of Time)

1. Periods of time are consecutive and are not suspended during judicial holidays.
   


2. Any period which ends on Saturday, Sunday or an official public holiday is extended to the next working day.
   


3. In calculating any period of time, the day on which the proceedings take place is excluded.

Section 22
(Notifications)

• Apart from mediation, the hearing and the final decision, notifications are sent by way of ordinary registered post.

Section 23
(Supplementary Rights)

• The general principles of voluntary arbitration, approved by Decree Law no.29/96/M, of 11-June/1996, may be applied as supplementary principles to this Regulation.