Unfair Arbitration Agreements (Specified Amount) Order (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 598

ARBITRATION

Unfair Arbitration Agreements (Specified Amount) Order (Northern Ireland) 1996

Made

16th December 1996

Coming into operation

31st January 1997

The Department of Economic Development, in exercise of the powers conferred on it by section 91(3)(c) of the Arbitration Act 1996(1) and of every other power enabling it in that behalf, with the concurrence of the Lord Chancellor, hereby makes the following Order:—

1.  This Order may be cited as the Unfair Arbitration Agreements (Specified Amount) Order (Northern Ireland) 1996 and shall come into operation on 31st January 1997.

2.  The amount of £3,000 is hereby specified for the purposes of section 91 of the Arbitration Act 1996 (arbitration agreement unfair where modest amount sought).

Sealed with the Official Seal of the Department of Economic Development on 16th December 1996.

L.S.

A. L. Brown

Assistant Secretary

I concur,

Mackay of Clashfern, C.

19th December 1996

Explanatory Note

(This note is not part of the Order.)

This Order specifies the amount of £3,000 for the purposes of section 91 of the Arbitration Act 1996. Subsection (1) of that section provides that a term which constitutes an arbitration agreement is unfair for the purposes of the Unfair Contract Terms in Consumer Contracts Regulations 1994 (S.I. 1994/3159), which implement Council Directive 93/13/EEC on unfair terms in consumer contracts (O.J. No. L95, 21.4.93, p. 29), so far as the term relates to a claim for a pecuniary remedy which does not exceed the amount specified by order for the purposes of that section.

Section 89(1) defines “arbitration agreement” as an agreement to submit to arbitration present or future disputes or differences (whether or not contractual).

(1)

1996 c. 23