556 COMPETITION LAW IN TOURISM that would otherwise find no solution due to the scarce balance between the cost of the claim and the cost of going to court, since the economic outlay of the judicial process and the duration of the litigation would absorb the bulk of the interest of the claim. As we anticipated above, for the regulation of electronic consumer arbitration in our legal system we have to resort, in the first place, to Articles 57 and 58 TRLGDCU. Specifically, the second section of the first of these precepts establishes that the Government may establish by regulation, among other things, “theprocedure throughwhichelectronic arbitration shall be administered”. On the basis of this provision arise Articles 51 to 55 RD 231/200827, which, as stated before, provide for the full substance of this process by technological means, from the request for arbitration to its conclusion, without prejudice to any arbitration action to be practiced by traditional means. Moreover, this telematic peculiarity when processing the arbitration procedure does not prevent it from sharing the characteristics of its homonym ADR, which we will briefly describe below: Firstly, as regards its structure (Article 4 RD 231/2008), the Consumer Arbitration System is organised through the Consumer Arbitration Boards, the Commission of the Consumer Arbitration Boards, the General Council of the Consumer Arbitration System and the arbitration bodies. The latter, whether unipersonal or collegiate, will be responsible for resolving the conflict raised. The territorial jurisdiction (Article 8 RD 231/2008) to hear individual requests for arbitration shall correspond to the Consumer Arbitration Board to which both parties submit by common agreement. In the absence of an agreement, it shall fall to the one where the consumer has his domicile (if there are more than one, the one with the smallest territorial scope), unless there is a territorial limitation in the public offer of adhesion to the Consumer Arbitration System (Articles 25 and ff. RD 231/2008), in which case the Consumer Arbitration Board to which the counterpart has adhered to shall be competent (if there are several, it will be the one decided by the consumer). The power to submit to arbitration must be exercised by means of an arbitration agreement (Articles 24 to 32 RD 231/2008), which may take the form of a clause incorporated into a contract or an agreement independent of the parties, expressing, in any case, their willingness to submit to the decision 27 MARTÍNEZ MARTÍNEZ, M., “Reformas en el arbitraje de consumo: Real Decreto 231/2008, de 15 de febrero, por el que se regula el Sistema Arbitral de Consumo”, en Nul: estudios sobre invalidez e ineficacia, No. 1, 2008.
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