Residential Tenancies Act 2004

Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances.


90.—(1) Notwithstanding any other enactment or any provision of the agreement itself, an arbitration agreement shall not operate to preclude a dispute to which the agreement applies from being referred to the Board for resolution unless the tenant at or after the time the dispute arises consents to the dispute being referred to arbitration.

(2) In this section “arbitration agreement” has the same meaning as it has in the Arbitration Act 1954.


Editorial Notes:


Arbitration Act 1954 (26/1954) repealed (8.06.2010) by Arbitration Act 2010 (1/2010), s. 4, commenced as per s. 1(2). Note the effect of Interpretation Act 2005 (23/2005), s. 26(f): ( f) a reference in any other enactment to the former enactment shall, with respect to a subsequent transaction, matter or thing, be read as a reference to the provisions of the new enactment relating to the same subject-matter as that of the former enactment, but where there are no provisions in the new enactment relating to the same subject-matter, the former enactment shall be disregarded in so far as is necessary to maintain or give effect to that other enactment.