2013 Maryland Code
COMMERCIAL LAW
§ 14-3901 - Definitions


MD Comm L Code § 14-3901 (2013) What's This?

§14-3901.

(a) In this subtitle the following words have the meanings indicated.

(b) “Arbitration activity” means the initiation, conduct, sponsorship, or administration of, or the appointment of an arbitrator in, a consumer arbitration.

(c) “Arbitration organization” means a nongovernmental association, agency, board, commission, corporation, or other entity that performs arbitration activities.

(d) “Consumer” means an individual who is:

(1) A resident of the State; and

(2) An actual or prospective purchaser or lessee of any goods, services, real property, or credit primarily for personal, family, or household purposes.

(e) (1) “Consumer arbitration” means a binding arbitration conducted in accordance with a consumer arbitration agreement.

(2) “Consumer arbitration” does not include:

(i) A binding arbitration conducted in accordance with the provisions of a policy of property insurance, casualty insurance, or surety insurance, as those terms are defined in § 1-101 of the Insurance Article;

(ii) An arbitration governed by rules adopted by a securities self-regulatory organization and approved by the United States Securities and Exchange Commission under federal law; or

(iii) An arbitration between a consumer and a related institution that is licensed by the Department of Health and Mental Hygiene, if the consumer arbitration agreement between the consumer and the related institution is not mandated as a condition of admission of the consumer to the related institution.

(f) (1) “Consumer arbitration agreement” means a standardized contract that:

(i) Is between a consumer and another person who is not a consumer;

(ii) Provides for the sale or lease of any goods, services, real property, or credit primarily for personal, family, or household purposes; and

(iii) Requires that disputes arising under the contract be submitted to binding arbitration.

(2) “Consumer arbitration agreement” does not include a public or private sector collective bargaining agreement.

(g) “Related institution” has the meaning stated in § 19-301 of the Health - General Article.

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