Part II Other provisions relating to arbitration
Consumer arbitration agreements
89 Application of unfair terms regulations to consumer arbitration agreements.
1
The following sections extend the application of the M1Unfair Terms in Consumer Contracts Regulations 1994 in relation to a term which constitutes an arbitration agreement.
For this purpose “arbitration agreement” means an agreement to submit to arbitration present or future disputes or differences (whether or not contractual).
2
In those sections “the Regulations” means those regulations and includes any regulations amending or replacing those regulations.
3
Those sections apply whatever the law applicable to the arbitration agreement.
90 Regulations apply where consumer is a legal person.
The Regulations apply where the consumer is a legal person as they apply where the consumer is a natural person.
I191 Arbitration agreement unfair where modest amount sought.
1
A term which constitutes an arbitration agreement is unfair for the purposes of the Regulations so far as it relates to a claim for a pecuniary remedy which does not exceed the amount specified by order for the purposes of this section.
2
Orders under this section may make different provision for different cases and for different purposes.
3
The power to make orders under this section is exercisable—
a
for England and Wales, by the Secretary of State with the concurrence of the Lord Chancellor,
b
for Scotland, by the Secretary of State with the concurrence of the Lord Advocate, and
c
for Northern Ireland, by the Department of Economic Development for Northern Ireland with the concurrence of the Lord Chancellor.
4
Any such order for England and Wales or Scotland shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.