Partner José Luis Corvalán and senior associate Isidora Fernández published the article ‘Mecanismo alternativos de resolución de controversias en materia de consumo en Chile: Análisis del impacto y eficacia’, in the Revista de Actualidad Mercantil of the Pontificia Universidad Católica del Perú.
“This article will review the alternative dispute resolution mechanisms that currently exist in Chile in consumer matters.
In this sense, the article will review the main elements of the Regulation that regulates mediation, conciliation and arbitration in consumer matters, published in the Official Gazette on 13 December 2022, which entered into force on 14 June 2023, of the ODR or ‘Online Dispute Resolution’ system incorporated by the Chamber of Commerce of Santiago and of the collective voluntary procedures, incorporated by Law 21.081 published on 13 September 2018.
The purpose of the article is to make a diagnosis of the situation that was in force prior to these mechanisms and to analyse the impact of their incorporation in consumer relations and commercial traffic, the way in which they have been implemented and their effectiveness in resolving conflicts, the incentives for suppliers to offer and submit to them in the framework of legislation that tends to strengthen the protection of consumer rights, and the pending challenges in this area,’ they summarised.
We invite you to read it at the following link