548 COMPETITION LAW IN TOURISM acquisition of products and the provision of services of this nature. This study will focus on these issues. 2. ALTERNATIVE DISPUTE RESOLUTION IN B2C COMMERCE: ADR AND ODR METHODS OF CONSUMPTION 2.1. ADR and ODR Dispute Resolution Systems. Character Identification In this context of virtual business reality, there are many legal questions that need to be resolved: what are the mechanisms available to the parties to satisfy their rights in the event of disputes following the conclusion of a contract under electronic commerce?9 In order to avoid going longer than necessary, as this escapes the specific object of this paper, we will make no more references to the traditional jurisdictional remedies of dispute resolution, which are always available and fully accessible under Article 24.1 of the Spanish Constitution of 197810. And this is because, as I will expound upon on these lines, we will try to focus our attention, at an early stage, on alternative avenues which are more in line with the new business model that has already been presented to us as a reality. These optional methods, commonly grouped under the acronym ADR, seem entirely appropriate to guarantee the parties an adequate and desirable level of legal protection without having to resort to the slow, expensive and cumbersome judicial processes. Those are very inefficient, considering how in many of these cases we are not talking about very significant amounts, arising in disputes that go beyond the borders of the States. Within them we have to distinguish between heteronomous instruments, in which the solution of the controversy is entrusted to an impartial third party chosen by the parties (by antonomasia and in its maximum degree, the arbitration), and autonomous instruments, whereby the same interested parties resolve their own disputes in the presence of a third party 9 ROSSOLILLO, G., “I mezzi alternativi di risoluzione delle controversie (ADR) tra diritto comunitario e diritto internazionale”, en Dir. Un. Eur., 2008, pp. 349 & ff. 10 This article reads, literally, as follows: “All persons have the right to obtain effective judicial protection from judges and courts in the exercise of their rights and legitimate interests, without, in any case, leading to defencelessness. As established by the Supreme Court (Contentious-Administrative Chamber) in its Judgement No. 1803/1993 of 27 May 1993, none of these systems (judicial and extrajudicial) shall prevail over the other.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==