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27 2004

Residential Tenancies Act 2004

Chapter 2

Relationship between Part and certain other dispute resolution mechanisms

Dispute subject of discontinued court proceedings may be subject of reference.

89. —For the avoidance of doubt, any dispute that has been the subject of proceedings instituted in any court before the commencement of this Part and which proceedings were discontinued by agreement of the parties after such commencement but before the court made its final determination in the matter may be the subject of a reference to the Board under this Part.

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 .

Dispute may not be referred to Board where alternative remedy is being pursued.

91. —(1) To the extent that an alternative remedy is available in respect of any dispute falling within this Part and a person takes any steps to avail himself or herself of that remedy, that person may not refer the dispute to the Board for resolution.

(2) If a person, other than the person mentioned in subsection (1), refers a dispute to the Board for resolution, being a dispute—

(a) to which that other person is a party, and

(b) as respects which that other person takes or has taken steps of the kind mentioned in that subsection,

then the Board, a mediator, an adjudicator or the Tribunal may, in dealing with the dispute, take account (with regard to the relief that may be granted and to such extent as it or he or she considers just) of the existence of that alternative remedy.