Skip to main content

Power Of Court To Disapply Section (Arbitration Agreements: Scotland)Where No Detriment To Consumer

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) Subject to subsection (4) below, the Court of Session or the sheriff ("the court") may, on an application made after a relevant difference has arisen, order that section (Arbitration agreements: Scotland) above shall not apply as respects that difference.
(2) No such order shall be made unless the court is satisfied that it would not be detrimental to the interests of the consumer were the difference to be referred to arbitration in pursuance of the arbitration agreement.
(3) In determining for the purposes of subsection (2) above whether there would be any detriment to the consumer's interests, the court shall have regard to all factors appearing to be relevant, including, in particular, the availability of legal aid and the relative amounts of any expenses which he might incur—
  • (a) if the difference is referred to arbitration; and
  • (b) if it is determined by proceedings before a court.—[Mr. Pawsey.]
  • Brought up, read the First and Second time, and added to the Bill.