| The Barcelona Consolat de Mar is the Conflict Settlement Centre of the Barcelona Official Chamber of Commerce, Industry and Navigation.
Through the Consolat de Mar, the Barcelona
Official Chamber of Commerce, Industry and Navigation offers business
owners and traders the possibility of reaching a resolution for
their conflicts or disagreements, within Spain or abroad, without
having to resort to legal proceedings.
The Consolat de Mar is a secular institution
that was formed in the Middle Ages during the reign of Peter III
the Ceremonious. Its vocation to represent trading interests led
it to effectively defend and govern our merchants’ business
activities, helping them overcome the conflicts that are part and
parcel of the negotiation process. In short, it contributed to creating
a favourable environment for the economic and social progress of
Catalonia.
Today, returning to its historical roots, the Barcelona
Official Chamber of Commerce, Industry and Navigation has delegated
to the Consolat de Mar the functions that correspond
to it within the current legal system.
THE SCOPE OF ACTIVITIES OF THE CONSOLAT DE MAR
The scope of activities of the Consolat de Mar arise
from the functions that are attributed by law to the Chambers of
Commerce both in Spain as a whole and in Catalonia. In particular,
Article 11, paragraph n) of the Catalan Act 14/2002, of 27 June,
concerning the Official Chambers of Commerce, Industry and Navigation
and the General Council of Chambers provides that, among others,
the Chambers have the following functions:
« Perform business arbitration, mediation
and conciliation functions, in Spain and abroad, and use any other
alternative system for settling conflicts, in accordance with
current legislation »
In addition, the Chamber’s Byelaws specifically
include these functions, in addition to recognising the Consolat de Mar
advisory capacity through the issuing of opinions and appraisals
(Art. 79), as provided in current legislation.
STRUCTURE AND FUNCTIONING
With respect to its structure and functioning, its
decision-making body is the Council of Twenty. This Council is composed
of 20 people, appointed for a 4-year period by the Plenary Session
of the Barcelona Official Chamber of Commerce, Industry and Navigation,
choosing people of acknowledged repute in industry, commerce and
services, with the exception of the President of the Barcelona Cereals
Exchange, who is the founder member. The Council of Twenty meets
at regular intervals and is chaired by the President of the Barcelona
Official Chamber of Commerce, Industry and Navigation.
APPLICABLE LEGISLATION
With respect to the conflict resolution systems administered
and organised by the Consolat de Mar, a series of general and special
provisions must be taken into account.
The general provisions include the following:
- Basic Act 3/1993, of 22 March, concerning the Official Chambers of Commerce, Industry and Navigation
- Act 14/2002, of 27 June, concerning the Official Chambers of Commerce, Industry and Navigation of Catalonia and the General Council of Chambers
- Byelaws of the Barcelona Official Chamber of Commerce, Industry and Navigation
The special provisions include:
- General Regulations of the Consolat de Mar
- Regulations of the Consolat de Mar concerning business arbitration
- Regulations concerning the Consensual Conflict Resolution
MEMBERS OF THE CONSOLAT DE MAR
Chairman, Mr. Miquel Valls Maseda, President of the
Barcelona Official Chamber of Commerce, Industry and Navigation.
Council of Twenty
Mr. Aureli Casabona i Bel, president de la Llotja de Cereals
Mr. Josep Ayneto i Peiron
Mr. Josep Manuel Basañez i Villaluenga
Mr. Víctor Blanc i Marfà
Mr. Josep M. Calpe Ibarz
Mr. Enric Crous Millet
Mr. Joan Estapé i Mir
Mr. Rafael Foguet Ambrós
Mr. Enric Enrech Artal
Mr. Sergi de Lacoma i Cusí
Mr. Joan Artur Margenat i Padrós
Mr. Jesús Méndez i Mateu
Mr. Xavier Molins i Amat
Mr. Ramon Nadal i Riera
Mr. Ramon Palou i Godall
Mr. Joan Francesc Pont i Clemente
Mr. Santiago Sardà i Argilagós
Mrs. Maria Mercedes Tarrazón i Rodon
Mr. Joaquim Uriach i Torelló
Mr. Josep M. Valls i Xufré
Secretary
of the Barcelona Official Chamber of Commerce, Industry and Navigation. |