Page:Contracts (Rights of Third Parties) Act 2001.pdf/8

Rh : the issue, indorsement, delivery or transfer of a bill of lading, sea waybill or ship’s delivery order.

Supplementary provisions relating to third party

8.—(1) Section 2 shall not affect any right or remedy of a third party that exists or is available apart from this Act.

(2) Section 2 (2) of the Unfair Contract Terms Act (Cap. 396) (exclusion of or restriction on liability for negligence) shall not apply where the negligence consists of the breach of an obligation arising from a term of a contract and the person seeking to enforce it is a third party acting in reliance on section 2.

(3) In section 6 of the Limitation Act (Cap. 163), the references to an action founded on a contract shall include references to an action brought in reliance on section 2 relating to a contract.

(4) A third party shall not, by virtue of section 2 (5) or 4 (4) or (6), be treated as a party to the contract for the purposes of any other written law.

Arbitration provisions

9.—(1) Where—
 * (a) a right under section 2 to enforce a term (referred to in this section as the substantive term) is subject to a term providing for the submission of disputes to arbitration (referred to in this section as the arbitration agreement); and
 * (b) the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act 2001 or Part II of the International Arbitration Act (Cap. 143A),

the third party shall be treated for the purposes of the Arbitration Act 2001 or the International Arbitration Act, as the case may be, as a party to the arbitration agreement as regards disputes between himself and the promisor relating to the enforcement of the substantive term by the third party.

(2) Where—
 * (a) a third party has a right under section 2 to enforce a term providing for one or more descriptions of dispute between the third party and the promisor to be submitted to