S.L. 378.19 Art. 5Grounds on which the residual ADR entity may refuse todealwithagiven dispute.

(1) The CCD may refuse to accept a given dispute on the ground that:

(a) the consumer did not attempt to contact the trader concerned in order to discuss his compliant and seek, as a first step, to resolve the matters directly with the trader;

(b) the dispute is frivolous or vexatious;

(c) the dispute is being or has previously been considered by another ADR entity or by a competent court or tribunal;

(d) the consumer has not submitted the complaint to the CCD within two (2) years from the date upon which the consumer submitted the complaint to the trader;

(e) dealing with such a dispute would otherwise seriously impair the effective operation of the CCD.

(2) For the purposes of paragraphs (a) and (d), the CCD may require the consumer to prove by adequate means that he had, prior to lodging his complaint with the CCD, attempted to resolve the matter directly with the trader.

(3) Without prejudice to the provisions of sub-regulation (1), where the CCD is unable to consider a dispute that has been submitted to it, it shall provide all the parties to the dispute with a reasoned written explanation of the grounds for not considering the dispute within three (3) weeks of receiving the complaint.

(4) Under no circumstances shall the ADR process prevent any person from exercising the right of access to the judicial system.