Part 2 — Unfair and Negative Option Practices Division 1 Unfair Practices
16 Arbitration clause, agreement
arbitration clause in a consumer transaction or an arbitration
agreement with a consumer.
(2) Subject to subsection (3), an arbitration clause in a consumer
transaction or an arbitration agreement with a consumer is void and
unenforceable.
(3) Subsections (1) and (2) do not apply in respect of
(a) an arbitration agreement voluntarily entered into between a
supplier and a consumer after a dispute has arisen, or
(b) an arbitration agreement or an arbitration clause in a
consumer transaction if the agreement or clause allows the
consumer to decide, after a dispute has arisen, whether the
consumer will use arbitration or an action in court to resolve
the dispute.
RSA 2000 cF-2 s16;2017 c18 s1(9)
RSA 2000