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Session 1998-99
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Amendments to the Contracts (Rights of Third Parties) Bill [H.L.]

Contracts (Rights of Third Parties) Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Contracts (Rights of Third Parties) Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD HACKING
 
     Page 1, line 17, leave out ("does not confer") and insert ("confers") 
     Page 1, line 18, leave out from ("contract") to end of line 19 and insert ("on the same terms (unless expressly provided in the contract to the contrary) as available under the contract to the promisee and accordingly the third party is bound, in the same manner as the promisee, to any dispute resolution clause contained in the contract.") 
     Page 1, line 21, after ("any") insert ("substantive") 
     Page 1, line 23, after ("damages,") insert ("remoteness and mitigation of damages,") 
     Page 1, line 27, at end insert--
 
    ("(  )  For the avoidance of doubt, the contract may expressly provide that the third party's right to enforce a term of the contract is subject to limitations and conditions which do not apply to the promisee.")
 
  
Clause 2
 
  
BY THE LORD HACKING
 
     Page 2, line 9, leave out ("cancel") and insert ("rescind") 
     Page 2, line 16, at end insert--
    ("but nothing in this subsection affects any other variation in the execution of a contract")
 
     Page 2, line 28, after ("court") insert ("or arbitral tribunal") 
     Page 2, line 33, after ("court") insert ("or arbitral tribunal") 
     Page 2, line 37, after ("court") insert ("or arbitral tribunal") 
  
Clause 5
 
  
BY THE LORD HACKING
 
     Page 3, line 36, after ("court") insert ("or arbitral tribunal") 
  
Clause 7
 
  
BY THE LORD HACKING
 
     Page 5, line 20, at end insert--
 
    ("(5)  Where a third party has a right under section 1 to enforce an arbitration agreement (including where an arbitration agreement is a relevant term within section 1(4)) and, in the exercise of that right, the third party commences arbitral proceedings, he shall be treated as if he were a party to the arbitration agreement for the purposes of the Arbitration Act 1996.
 
    An arbitration agreement is an agreement in writing to submit to arbitration present or future disputes.")
 
    Intention--The issue of arbitration is one on which there is great legal uncertainty. In the draft Bill attached to the Law Commission Report, arbitration was excluded whereas
 
 
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