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Arbitration Agreements: Scotland

Volume 127: debated on Friday 12 February 1988

The text on this page has been created from Hansard archive content, it may contain typographical errors.

'(1) In the case of a consumer contract to which, by virtue of subsections (2) to (4) of section 15 of the Act of 1977 (scope of Part II of that Act), sections 16 to 18 of that Act apply, an agreement to refer future differences arising out of the contract to arbitration cannot be enforced against the consumer in respect of a relevant difference so arising except—
  • (a) with his written consent given after that difference has arisen; or
  • (b) where, subject to subsection (2) below, he has submitted to arbitration in pursuance of the agreement (whether or not the arbitration was in respect of that difference); or
  • (c) by virtue of an order under section (Power of court to disapply section (Arbitration agreements: Scotland) where no detriment to consumer) below in respect of that difference.
  • (2) In determining for the purposes of subsection (1)(b) above whether the consumer has submitted to arbitration, any arbitration which takes place in consequence of an order of the court under section (Power of court to disapply section (Arbitration agreements: Scotland) where no detriment to consumer) below shall be disregarded.'.—[Mr. Pawsey.]

    Brought up, read the First and Second time, and added to the Bill.