Existing disputes under old insurance agreements, where arbitration proceedings are pending
25 Existing disputes under old insurance agreements, where arbitration proceedings are pending
This clause applies where—
a dispute relates to a house purchaser’s agreement under the Builders Licensing Act 1971, and
the dispute occurred before the commencement of this clause in connection with building work to which the agreement relates (whether the dispute arose before, on or after 21 March 1990) and the dispute remains unresolved at that commencement, and
arbitration proceedings relating to the dispute are pending at that commencement.
Section 85(e) extends to provide the claimant under the agreement with a right of appeal to the Commercial Tribunal in relation to the dispute.
Such an appeal may be lodged with the registrar of the Commercial Tribunal within 30 days after the commencement of this clause. This subclause has effect despite section 86(1).
Where arbitration proceedings are pending under the agreement at the commencement of this clause—
the Corporation must immediately notify the claimant of the right of appeal, and
lodging of an appeal has the effect of terminating the arbitration proceedings, and
the arbitration proceedings are, on termination, taken to have failed, but the claimant is not liable to pay any costs of the Corporation in the arbitration proceedings.
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