ICLAIM

Alternative Dispute Resolution

Resolve your Consumer Dispute Fairly and Efficiently Without Going to Court

Approved by the
ICLAIM is a Certified Alternative Dispute Resolution (ADR) Entity for consumer disputes approved by the Consumer Protection Service of the Ministry of Energy, Commerce, Industry and Tourism of the Republic of Cyprus under section 22 of the Alternative Dispute Resolution for Consumer Disputes Law of 2017 (L.85(I)/2017).  It offers ADR procedures in Greek or English for the out-of-court resolution of domestic and cross-border disputes concerning contractual obligations stemming from sales of goods contracts or service contracts between a trader established in Cyprus and a consumer resident in Cyprus or the European Union. ICLAIM is listed in the online register of entities for ADR kept by the Cyprus Consumer Protection Service and the European Commission.

There are a number of potential advantages of using ADR methods for consumers such as lower cost, speed of settlement, control and flexibility of process, confidentiality, use of a problem-solving approach, possible reduction of risk and party satisfaction.

ICLAIM strictly adheres to the Alternative Dispute Resolution for Consumer Disputes Law of 2017 (L.85(I)/2017) and observes the spirit of Directive 2013/11/EU of the European Parliament and the Council of the European Union aiming, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures.

Scope

ICLAIM cannot offer ADR procedures:

  1. where the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader;
  2. where the consumer complaint-handling systems are operated by the trader;
  3. for non-economic services of general interest;
  4. for disputes between traders;
  5. for direct negotiation between the consumer and the trader;
  6. in attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute;
  7. in procedures initiated by a trader against a consumer;
  8. in relation to health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices;
  9. in relation to public providers of further or higher education.

Sectors

ICLAIM can offer the aforementioned ADR methods for consumer disputes in the following sectors:

Consumer Goods: Food (Fruit and vegetables; Meat; Bread and Cereals; Health food and nutrients; Other); Non-alcoholic beverages; Alcoholic beverages; Tobacco; Clothing (including tailor-made goods) and footwear; House maintenance and improvement goods; Furnishings; Large domestic household appliances (including vacuum cleaners and microwaves); Small domestic household appliances (including coffee machines and food- processing appliances); Electronic goods (non-ICT/recreational); Information and communication technology (ICT) goods; Leisure goods (sports equipment, musical instruments, etc); New cars; Second-hand cars; Other personal transport; Spares and accessories for vehicles and other means of personal transport; Fuels and lubricants for vehicles and other means of personal transport; Books, magazines, newspapers, stationery (excluding postal delivery); Pets and pet goods; Electrical appliances for personal care; Cosmetics and toiletries for personal care; Jewellery, silverware, clocks, watches and accessories; Baby and child care articles; Cleaning and maintenance products, articles for cleaning and non-durable household articles; Other at the discretion of ICLAIM.

Energy and Water: Water

Financial Services: Payment account and payment services; Credit (excluding mortgage/home loans); Mortgages / Home loans; Savings; Other at the discretion of ICLAIM.

Investments, pensions and securities

Non-life Insurance: Home and property; Transport; Travel; Health, accident and other

Insurance: Life; Other at the Discretion of ICLAIM.

General Consumer Services: Real estate services; House removal and storage; House cleaning services; Personal care services; Cleaning, repair and hiring of clothing and footwear; Support, research and intermediary services; Maintenance and repair of vehicles and other transport; Legal services & accountancy; Funeral services; Child care; Pet services; Other at the discretion of ICLAIM.

-Health: Prescribed medication; Over-the-counter medication; Medical devices and other physical aids used by patients; Health services; Retirement homes and home care; Other at the discretion of ICLAIM.

Leisure Services: Hotels and other holiday accommodation; Package travel; Travel agency services; Timeshare and similar; Restaurants and bars; Services related to sports and hobbies; Cultural and entertainment services; Other leisure services at the discretion of ICLAIM.

Transport services: Bus; Airlines; Taxi; Transport infrastructure services; Rental services; Other at the discretion of ICLAIM.

*If the sector your dispute falls in is not listed above and/or is subject to the discretion of ICLAIM, please email us at adrentity@iclaimcentre.org before submitting your complaint online for confirmation that your complaint can be accepted.

ICLAIM can refuse to deal with a given dispute even if within the aforementioned sectors on the grounds that:

  1. the consumer did not attempt to contact the trader concerned in order to discuss his complaint and seek, as a first step, to resolve the matter directly with the trader;
  2. the dispute is frivolous or vexatious;
  3. the dispute is being or has previously been considered by another ADR entity or by a court;
  4. the value of the claim falls below or above a pre-specified monetary threshold;
  5. the consumer has not submitted the complaint to the ADR entity within a pre-specified time limit, which shall not be set at less than one year from the date upon which the consumer submitted the complaint to the trader;
  6. dealing with such a type of dispute would otherwise seriously impair the effective operation of the ADR entity.

Where, in accordance with its procedural rules, ICLAIM is unable to consider a dispute that has been submitted to it, ICLAIM shall provide both parties with a reasoned explanation of the grounds for not considering the dispute within three (3) weeks of receiving the complaint, including payment of the (non-refundable) submission fee.

Methods

The ADR methods ICLAIM currently offers in relation to consumer disputes are Conciliation and Arbitration.

Conciliation is a voluntary process whereby a neutral third party facilitates negotiations between the parties to a dispute and assists them to reach a settlement. This process is distinct and must not be confused with mediation, although the two methods are arguably very similar. In particular, in cases where conciliation will be used, ICLAIM will appoint the conciliator for each dispute who will be active in putting forward proposals for the consideration of the parties. Hence, conciliation should be viewed as a useful dispute resolution mechanism through which parties can greatly benefit from the assistance and insight of a neutral expert party to help them settle their dispute. ICLAIM uses its own procedural Conciliation Rules modelled on UNCITRAL’s Conciliation Rules, which are available here.

Arbitration is an adjudicative dispute resolution process whereby the dispute is considered by a specially appointed impartial third party (or parties), the arbitrator (or arbitrators) that leads to a decision (arbitral award) about the dispute being taken by that individual or an arbitral tribunal.  It has been called the ‘private version of litigation’ and it is based on an agreement between the parties to refer a dispute or difference between them to impartial arbitrators for a decision. Consequently, not every dispute can go to arbitration but consumer disputes can of course be resolved through arbitration. ICLAIM uses its own procedural Arbitration Rules modelled on UNCITRAL’s Arbitration Rules, which are available here.

Fees

Being a non-profit organisation and closely observing the spirit of Directive 2013/11/EU of the European Parliament and the Council of the European Union on alternative dispute resolution for consumer disputes, our fees are nominal to facilitate consumer access to ADR procedures.

ICLAIM Conciliation Fees

Purchase Price Consumer Trader
Up to 500 25 75
500 – 1.000 35 105
1.000 – 2.000 45 135
2.000 – 3.000 55 165
3.000 – 4.000 65 195
4.000 – 5.000 75 225
5.000 – 6.000 85 255
6.000 – 7.000 95 285
7.000 – 8.000 105 315
8.000 – 9.000 115 345
9.000 – 10.000 125 375
10.000 – 50.000 500 1.500
50.000 – 100.000 1.000 3.000

ICLAIM Arbitration Fees

Purchase Price Consumer Trader
Up to 500 50 150
500 – 1.000 70 210
1.000 – 2.000 90 270
2.000 – 3.000 110 330
3.000 – 4.000 130 390
4.000 – 5.000 150 450
5.000 – 6.000 170 510
6.000 – 7.000 190 570
7.000 – 8.000 210 630
8.000 – 9.000 230 690
9.000 – 10.000 250 750
10.000 – 50.000 1.000 3.000
50.000 – 100.000 2.000 6.000
  • The purchase price of the aforementioned Conciliation and Arbitration fees does not include any interest and other expenses.
  • The aforementioned fees are in Euros and do not include VAT.
  • These are the initial and total fees to be paid in advance by both parties within 5 calendar days from the trader’s consent to participate in the particular ADR process and only cover the first 6 hours of tangible process and/or a meeting and/or hearing. Non-payment of the set fees by any party will not allow ICLAIM to start the ADR process. For every additional hour of tangible ADR process and/or meeting and/or hearing the consumer and the trader will have to pay 50% of their initial fee respectively per hour.
  • There is a non-refundable fee for the submission of every complaint payable by the consumer set at 10 euros (per complaint).
  • ICLAIM reserves the right to periodically revise the aforementioned fees subject to the notification and approval of the Cyprus Consumer Protection Service.

Experts

ICLAIM ensures that the natural persons in charge of ADR processes possess the necessary expertise and are independent and impartial. This is guaranteed by ensuring that such persons:

  1. possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law;
  2. are appointed for a term of office of sufficient duration to ensure the independence of their actions, and are not liable to be relieved from their duties without just cause;
  3. are not subject to any instructions from either party or their representatives;
  4. are remunerated in a way that is not linked to the outcome of the procedure;
  5. without undue delay disclose to ICLAIM any circumstances that may, or may be seen to, affect their independence and impartiality or give rise to a conflict of interest with either party to the dispute they are asked to resolve. The obligation to disclose such circumstances shall be a continuing obligation throughout the ADR procedure.

Natural persons in charge of ADR:

Professor Stephanie Laulhe Shaelou [Profile]
Dr. Nevi Agapiou [Profile]
Dr. Despina Christofi [Profile]

Procedure

  1. The consumer submits their complaint accompanied by a payment of 10 euros submission fee (non-refundable) either electronically or through post.
  2. ICLAIM examines the complaint and may request the consumer for further documentation. If further documentation is not required and/or ICLAIM is satisfied of a valid complaint and/or finds it appropriate, it will proceed with contacting the relevant trader enquiring whether they would like to engage in conciliation or arbitration to resolve the dispute with the particular consumer. This will happen within 7 calendar days if email is used and within 10 calendar days if post is used and the consumer will be notified accordingly.
  3. ICLAIM will communicate the trader’s response to the consumer. If the trader refuses to participate in ADR then there is nothing else ICLAIM can do and will simply inform the consumer in writing that the complaint cannot proceed. If the trader consents then the consumer should expect for the relevant ADR process to commence: this can take between three to four weeks for conciliation and three to six weeks for arbitration.
  4. Throughout the different procedures, the parties have the possibility, within a reasonable period of time, of expressing their point of view, of being provided by ICLAIM with the arguments, evidence, documents and facts put forward by the other party, any statements made and opinions given by experts, and of being able to comment on them.
  5. The outcome of the ADR procedure will be made available to both parties in writing accompanied by a statement of the grounds on which the outcome is based within a period of 90 calendar days from the date on which ICLAIM has received the complete complaint file. In the case of highly complex disputes, ICLAIM may, at its own discretion, extend the 90 calendar days’ time period. The parties shall be informed of any extension of that period and of the expected length of time that will be needed for the conclusion of the dispute.

Representation

The parties have access to ADR procedures without being obliged to retain a lawyer or a legal advisor, but the ADR procedures do not deprive the parties of their right to independent advice or to be represented or assisted by a third party at any stage.

Right to withdraw

In ADR procedures, which aim at resolving the dispute by proposing a solution like Conciliation, the parties have the possibility of withdrawing from the procedure at any stage if they are dissatisfied with the performance or the operation of the procedure. They shall be informed of that right before the procedure commences.

Information on consumer rights in Cyprus is available here.

You can submit a complaint online or you can complete this form and send it to us by post to the following address: ICLAIM Consumer ADR Entity, Office B034, 12-14 University Avenue, 7080 Larnaca, Cyprus

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If you are a trader and would like to register with ICLAIM to try and resolve any consumer disputes you may be faced with, or face in the future, through ADR please email us at adrentity@iclaimcentre.org or give us a call on +357 24 694096.

Email: adrentity@iclaimcentre.org
Address: Office B034, 12-14 University Avenue, 7080 Larnaca, Cyprus
Telephone: +357 24 694096
Office hours: Mon-Fri 9:00am-1:00pm