- (a) in relation to a contract for the carriage of goods by rail, the Convention which has the force of law in the United Kingdom under section 1 of the 1983 c. 14.International Transport Conventions Act 1983,
- (b) in relation to a contract for the carriage of goods by road, the Convention which has the force of law in the United Kingdom under section 1 of the 1965 c. 37.Carriage of Goods by Road Act 1965, and
- (c) in relation to a contract for the carriage of cargo by air—
- (i) the Convention which has the force of law in the United Kingdom under section 1 of the 1961 c. 27.Carriage by Air Act 1961, or
- (ii) the Convention which has the force of law under section 1 of the 1962 c. 43.Carriage by Air (Supplementary Provisions) Act 1962, or
- (iii) either of the amended Conventions set out in Part B of Schedule 2 or 3 to the S.I. 1967/480.Carriage by Air Acts (Application of Provisions) Order 1967.
Supplementary provisions relating to third party.
1977 c. 50.
7.—(1) Section 1 does 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 1977 (restriction on exclusion etc. of 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 1.
(3) In sections 5 and 8 of the 1980 c. 58.Limitation Act 1980 the references to an action founded on a simple contract and an action upon a specialty shall respectively include references to an action brought in reliance on section 1 relating to a simple contract and an action brought in reliance on that section relating to a specialty.
(4) A third party shall not, by virtue of section 1(5) or 3(4) or (6), be treated as a party to the contract for the purposes of any other Act (or any instrument made under any other Act).
Arbitration provisions. 8.—(1) Where—
- (a) a right under section 1 to enforce a term (“the substantive term”) is subject to a term providing for the submission of disputes to arbitration (“the arbitration agreement”), and
- (b) the arbitration agreement is an agreement in writing for the purposes of Part I of the 1996 c. 23.Arbitration Act 1996,
the third party shall be treated for the purposes of that Act 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 1 to enforce a term providing for one or more descriptions of dispute between the third party and the promisor to be submitted to arbitration (“the arbitration agreement”),
- (b) the arbitration agreement is an agreement in writing for the purposes of Part I of the Arbitration Act 1996, and
