Consumer Arbitration Agreements Act 1988
| Jurisdiction | UK Non-devolved |
| Citation | 1988 c. 21 |
with his written consent signified after the differences in question have arisen; orwhere he has submitted to arbitration in pursuance of the agreement, whether in respect of those or any other differences; orwhere the court makes an order under section 4 below in respect of that cause of action.if proceedings in respect of it would be within the jurisdiction of a county court; orif it satisfies such other conditions as may be prescribed for the purposes of this paragraph in an order under section 5 below.(3) Neither section 4(1) of the Arbitration Act 1950 nor section 4 of the Arbitration Act (Northern Ireland) 1937 (which provide for the staying of court proceedings where an arbitration agreement is in force) shall apply to an arbitration agreement to the extent that it cannot be enforced by virtue of this section. (a) the enforcement of an arbitration agreement to which section 1 of the Arbitration Act 1975 applies, that is, an arbitration agreement other than a domestic arbitration agreement within the meaning of that section; (b) the resolution of differences arising under any contract so far as it is, by virtue of section 1(2) of, and Schedule 1 to, the Unfair Contract Terms Act 1977 (“the Act of 1977”) , excluded from the operation of section 2, 3, 4 or 7 of that Act. he neither makes the contract in the course of a business nor holds himself out as doing so; andthe other party makes the contract in the course of a business; andin the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of the Act of 1977, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption;(3) It is for those claiming that a person entered into a contract otherwise than as a consumer to show that he did so.(1) The High Court or a county court may, on an application made after the differences in question have arisen, order that a cause of action to which this section applies shall be treated as one to which section 1 above does not apply.(2) Before making an order under this section the court must be satisfied that it is not detrimental to the interests of the consumer for the differences in question to be referred to arbitration in pursuance of the arbitration agreement instead of being determined by proceedings before a court.if the differences in question are referred to arbitration in pursuance of the arbitration agreement; andif they are determined by proceedings before a court.if proceedings in respect of it would be within the jurisdiction of a county court and would not fall within the small claims limit; orif it satisfies the conditions referred to in section 1(2) (b) above and the order under section 5 below prescribing the conditions in question provides for this section to apply to causes of action which satisfy them.in England and Wales, if in a county court they would stand referred to arbitration (without any order of the court) under rules made by virtue of section 64(1) (a) of the County Courts Act 1984; in Northern Ireland, if in a county court the action would be dealt with by way of arbitration by a circuit registrar by virtue of Article 30(3) of the County Courts (Northern Ireland) Order 1980. (6) Where the consumer submits to arbitration in consequence of an order under this section, he shall not be regarded for the purposes of section 1(1) (b) above as submitting to arbitration in pursuance of the agreement there mentioned.(1) Orders under this section may prescribe the conditions referred to in section 1(2) (b) above; and any such order may provide that section 4 above shall apply to a cause of action which satisfies the conditions so prescribed.(2) Orders under this
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