Section 8: Consumer arbitration agreement

8. Consumer arbitration agreement (1) Where— (a) a contract contains an arbitration agreement; and (b) a person enters into that contract as a consumer, the arbitration agreement shall be enforceable against the consumer only if the consumer, by separate agreement in writing entered into after the dispute has arisen, certifies that, having read and understood the arbitration agreement, he agrees to be bound by it. (2) For the purpose of subsection (1), a person shall enter into a contract as a consumer where— (a) he is a natural person; and (b) he enters into the contract otherwise than as a trader; and (c) the other party to the contract enters into that contract as a trader. (3) Subsection (1) shall apply to every contract containing an arbitration agreement entered into in Mauritius even where the contract provides that it shall be governed by a law other than Mauritius law.