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Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) was a UK statutory instrument, which implemented the EU (then EEC) Unfair Consumer Contract Terms Directive into domestic law. [ n 1 ] It replaced an earlier version of similar regulations, [ n 2 ] and overlaps considerably with the Unfair Contract Terms Act 1977 .
The Arbitration Act 1996 (c. 23) is an act of the Parliament of the United Kingdom which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.
The Act allows the insertion of arbitration clauses, which require the parties to submit to specific arbitration procedures in the event of disputes. [47] The Law Commission initially excluded arbitration clauses from the act, but later amended their draft bill so as to allow third parties to take advantage of arbitration proceedings. [47]
In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be ...
Indemnity clauses. s4, A party dealing as a consumer cannot contract to indemnify a third party on behalf of the other party, except insofar as it satisfies the requirement of reasonableness. Sale of goods . s6(3), Implied terms as to description, quality and sample ( Sale of Goods Act 1979 ss 13–15) may only be reasonably excluded where ...
A 'consumer' is "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession." This extends beyond any previous definition in UK or EU law as it includes contracts that are entered into for a combination of personal and business reasons. It excludes somebody acting on behalf of ...
The Department of Prices and Consumer Protection was established in 1974. This was the first time a government department's title made reference to consumer protection. In 2011 Consumer Minister Edward Davey announced plans within a policy document called Better Choices, Better Deals: Consumers Powering Growth to ensure that businesses would provide key information to their customers on how ...