Specialized conflict resolution system in cooperatives in the Basque Country

The Basque Court of Arbitration for Cooperatives of the Basque Country – BITARTU is the specialized body responsible for the administration of arbitration procedures in the field of Basque cooperatives. The aim is to provide an agile, specialized and effective channel for the resolution of conflicts that may arise between cooperatives, between them and their partners or within cooperative organizations.

The Higher Council of Cooperatives of the Basque Country (CONSEJO DE COOPERATIVAS) has entrusted BITARTU with the administration of arbitration procedures, consolidating for Basque cooperativism a unique model of arbitration justice as a complementary mechanism to the judicial process.

What is Cooperative Arbitration?

Cooperative arbitration is an extrajudicial dispute resolution procedure whereby the parties agree to submit their dispute to the decision of an independent arbitration body.

Instead of resorting to the ordinary courts, the parties agree that BITARTU will examine the case and issue an arbitral award, that is, a binding resolution that ends the conflict, with the same legal effects as the judgment.

A procedure with legal guarantees

The arbitration administered by BITARTU is conducted according to the following:

• Arbitration Act 60/2003, of 23 December, as amended by Act 11/2011, of 20 May.
• Cooperative Arbitration Regulation, approved by the Plenary of the Higher Council of Cooperatives of the Basque Country on July 20, 2023.

This regulatory framework ensures a transparent, impartial and adapted procedure to the specificities of the cooperative model.

Specialized and independent court

BITARTU is made up of renowned professionals with extensive experience in collaborative law and conflict resolution.

These are the characteristics of its activity:

• Independence and impartiality.
• Specialization in cooperativism.
• Legal certainty.
• The confidentiality.
• Technical rigor.

Thanks to this specialization, the Tribunal contributes to the creation of a solid interpretative doctrine that gives confidence and security to all Basque cooperativism.

When can BITARTU participate?

BITARTU may intervene in conflicts related to:

• Cooperatives and their partners.
• Social organs of cooperatives.
• Internal relations between the partners.
• Disputes arising from the application of cooperative regulations or social statutes.

Provided that the parties have agreed to submit the dispute to arbitration or that there is a statutory provision establishing it.

Why go to BITARTU?

• Specialized resolution in cooperativism.
• Agile and confidential procedure.
• Binding determinations.
• Expert and independent judges.
• Legal security for cooperatives and partners.