2 october 2018

Title: Conflict Resolution for the Colombian Consumer in Cross-border Commerce. Comparative Study of the Anticipated Solutions in Colombia and Spain.

Author: Adriana Marcela Sánchez Casallas

Due to the free market and technological tools, consumers have the possibility of acquiring goods and services through online platforms, which can even be located in a different country than that of the buyer. It is at this point where controversy between consumers and businesspeople may arise. This is why this dissertation conducted a parallel study of the legal systems of Colombia and Spain in terms of infringement of the consumer’s law in cross border commerce, which normally stems from e-commerce.

In the first chapter, “the appeal to judicial process in relation to international consumer contracts” was pointed as an alternative for the consumers to go to the state justice so they can settle their controversies arisen in connection with a consumer relation. In this sense, although the Colombian legal system has not been keen on executing judicial power to foreign judges, it is true that Colombia is member of different regional and international organisations that encourage protection for the rights of consumers and propose mechanisms to resolve controversies that may arise in connection with international consumer relations. For the effect, both the regional and international legal regulation adopted by the Colombian legal system and the internal regulation were considered. The internal regulation, apart from establishing a wide list of rights, executes judicial power to an entity of administrative nature, which is formed by a judge specialised in consume. Since it is centralised, it makes all the judicial process go virtually faster so Colombian people can access justice via its website. However, the entity has only power over the national consumer relations.

Colombia is member of different regional and international organisations that encourage protection for the rights of consumers and propose mechanisms to resolve controversies that may arise in connection with international consumer relations

Simultaneously, it showed that the Spanish legal system follows the recommendations of the European Union. Consequently, it recognizes regional regulations that are not only related to the substantial order, but also allow the application of the rules of a country in another and recognise the jurisdiction of the courts of the region. So, internally, the Spanish legal system adopts the rules for the European community on competition, under the shelter of a regime of consumer protection.

In the second chapter “the appeal to arbitral procedures on consumption laws” was presented as an alternative mechanism to solve conflicts, which is applied in different fields and appears to be more agile than the judicial procedures, efficient, and which is processed by specialised arbitrators. It was pointed that, for the Colombian case, different international organisations encourage the arbitration as a dispute settlement mechanism on consumer laws, and the internal regulation was specified.

the Spanish legal system has adopted the protectionist philosophy from the European Community

Regarding the Spanish legal system, it was specified the European Community regulation whose aim is giving a special level of protection to consumers by providing them with an online system of conflict resolution that contributes to the regional integration offered by the new technologies and the Internet. Similarly, it was pointed that the Spanish legal system has internally adopted the protectionist philosophy from the European Community and has thus implemented the organisation of consumer arbitration boards and has recently regulated the online dispute platform.

In the third chapter, a “proposal of the consumer arbitration for the e-commerce in Colombia” is noted, every time the Colombian consumer in the e-commerce is vulnerable against an eventual controversy, since the Colombian legal system has not adopted a rule to grant international competence nor predicted the possibility of assuming competences in controversies with internationalelements.

an image of the European Community dispute platform, the CAN could implement a similar mechanism to shelter the buying and shelter process

Therefore, in the light of the online dispute resolution platform adopted by the European Community, it is raised the question of how it is possible, through a regional integration such as the CAN, to implement a mechanism that would allow to open borders to enable consumers to acquire goods and services from suppliers in other countries through the e-commerce, because in case of an eventual controversy it would exist an efficient mechanism of resolutions of conflicts to which they would be subjected.