61 Enforcement of contentious business agreements

61  Enforcement of contentious business agreements

(1)     No action shall be brought on any contentious business agreement, but on the application of any person who—

(a)     is a party to the agreement or the representative of such a party; or

(b)     is or is alleged to be liable to pay, or is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates,

the court may enforce or set aside the agreement and determine every question as to its validity or effect.

(2)     On any application under subsection (1), the court—

(a)     if it is of the opinion that the agreement is in all respects fair and reasonable, may enforce it;

(b)     if it is of the opinion that the agreement is in any respect unfair or unreasonable, may set it aside and order the costs covered by it to be [assessed] as if it

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