Existing disputes under old insurance agreements, where arbitration proceedings are not pending
26 Existing disputes under old insurance agreements, where arbitration proceedings are not 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 not pending at that commencement.
The claimant under the agreement may, within 12 months after the commencement of this clause, request the Corporation to re-assess the claim.
Section 85(e) extends to provide the claimant under the agreement with a right of appeal to the Commercial Tribunal in relation to the determination of the Corporation on the request for re-assessment.
Any provisions of the agreement relating to arbitration do not apply to any dispute arising out of the request for re-assessment.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.