Section 8Part 2 — ARBITRATION AGREEMENT
Consumer arbitration agreement
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where a contract contains an arbitration agreement and a person enters into that contract as a consumer, the arbitration agreement is enforceable against the consumer only if after a dispute has arisen, the consumer by a separate written agreement certifies that he has read and understood the arbitration agreement and agrees to be bound by its terms.
Subsection (1) applies to every contract containing an arbitration agreement entered into in the Islands notwithstanding a provision in the contract to the effect that the contract is governed by a law other than the law of the Islands.
Where a party to a consumer arbitration agreement knows that any provision of this Law from which he may derogate or any requirement under the arbitration agreement has not been complied with and that party proceeds with the arbitration without making an objection to that non-compliance without undue delay or, if a time limit is provided, within that period of time, that party shall be deemed to have waived the right to object and an arbitration agreement that would otherwise be unenforceable by reason of non-compliance shall be treated as operative.
In this section —
"consumer" in relation to —
any goods, means —
a person who acquires or wishes to acquire goods for his own private use or consumption; and
a commercial undertaking that purchases consumer goods;
any services or facilities, means any person who employs or wishes to be provided with the services or facilities; and
any accommodation, means any person who wishes to occupy the accommodation.
Defined Terms
consumer