According to Dispatch of the Chief Executive No.228/2020 published in the Official Gazette of the Macao Special Administrative Region today (14), the “Macao Consumer Arbitration Centre” is renamed “Macao Consumer Mediation and Arbitration Centre” (hereinafter referred to as “Centre”), and the Regulations of Macao Consumer Mediation and Arbitration Centre (hereinafter referred to as “Regulations”) is published as an annex. The Regulations regulates and defines the nature, authority, composition, jurisdiction and operation of the Centre.

The Regulations stipulates that the Centre is composed of three institutions, the Board of Directors, the Executive Committee and the Secretariat, it also defines the requirements of mediators and arbitrators as well as the principle for their composition.

Scope of arbitration broaden after Regulations comes into effect

The Regulations regulates the jurisdiction of the Centre to facilitate the settlement of dispute arising from the setup of a consumer contract in the territory of Macao SAR, in other words, the scope of mediation and arbitration only apply to consumer disputes that relate to civil nature. After the Regulations come into force, the protection of consumers by the Centre is extended:

There is no limit to the involved amount of the consumer dispute accepted by the Centre;

Consumer disputes arising between consumers and liberal professionals are included in the scope of mediation and arbitration of the Centre.

Mediation first, then arbitration, or either one

In accordance with the Regulations, both parties can choose either mediation or arbitration, or both mediation and arbitration to resolve their dispute after negotiation, the dispute will be resolved through the “mediation first, then arbitration” process when the latter option is chosen, the arbitration award has the same legal weight and effect of a judiciary court order.

Responsibility of “Adherents”

According to the voluntary principle of both parties in the Regulations, a written agreement must be set up by the consumer and the business before the dispute can be resolved through mediation or arbitration. If the business involved is an “Adherent” which has submitted its “Declaration of general admission” to the Centre, the business must accept the arbitration raised by the consumer regarding consumer dispute in which the claim involved does not exceed 100,000 patacas.

Cross-border arbitration service to carry on

For the convenience of tourists, the Regulations allows the use of video conferencing to carry out mediation or arbitration for tourists in accordance with the law of Macao SAR when consumer disputes arise in the territory of Macao.

The Regulations of Macao Consumer Mediation and Arbitration Centre will come into effect on the day after promulgation of the Dispatch of Chief Executive.