- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Arbitration (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)In this Act, unless the contrary intention appears—
“arbitral appointments referee” means a person authorised under section 24,
“arbitration” has the meaning given by section 2,
“arbitration agreement” has the meaning given by section 4,
“arbitrator” has the meaning given by section 2,
“claim” includes counterclaim,
“Convention award” has the meaning given by section 18,
“court” means the Outer House or the sheriff (except in sections 1, 3, 10, 13 and 15, where it means any court),
“default rule” has the meaning given by section 9(1),
“dispute” has the meaning given by section 2,
“Inner House” means the Inner House of the Court of Session,
“mandatory rule” has the meaning given by section 8,
“Ministers” means the Scottish Ministers,
“New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10 June 1958,
“Outer House” means the Outer House of the Court of Session,
“party” is to be construed in accordance with section 2 and subsection (2) below,
“rule” means one of the Scottish Arbitration Rules,
“Scottish Arbitration Rules” means the rules set out in schedule 1,
“seated in Scotland” has the meaning given by section 3,
“statutory arbitration” has the meaning given by section 16(1),
“tribunal” has the meaning given by section 2,
“UNCITRAL Arbitration Rules” means the arbitration rules adopted by UNCITRAL on 28 April 1976, and
“UNCITRAL Model Law” means the UNCITRAL Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on 21 June 1985 (as amended in 2006).
(2)This Act applies in relation to arbitrations and disputes between three or more parties as it applies in relation to arbitrations and disputes between two parties (with references to both parties being read in such cases as references to all the parties).
(1)Ministers may by order make any supplementary, incidental, consequential, transitional, transitory or saving provision which they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision of this Act.
(2)Such an order may modify any enactment, instrument or document.
(1)Any power of Ministers to make orders under this Act—
(a)is exercisable by statutory instrument, and
(b)includes power to make—
(i)any supplementary, incidental, consequential, transitional, transitory or saving provision which Ministers consider appropriate,
(ii)different provision for different purposes.
(2)A statutory instrument containing such an order (or an Order in Council made under section 18) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
This subsection does not apply—
(a)to orders made under section 35(2) (commencement orders), or
(b)where subsection (3) makes contrary provision.
(a)under section 17 or 32 which adds to, replaces or omits any text in this or any other Act,
(b)under section 26, or
(c)under section 36(4),
may be made only if a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.
(1)This Act binds the Crown.
(2)Her Majesty may be represented in any arbitration to which she is a party otherwise than in right of the Crown by such person as she may appoint in writing under the Royal Sign Manual.
(3)The Prince and Steward of Scotland may be represented in any arbitration to which he is a party by such person as he may appoint.
(4)References in this Act to a party to an arbitration are, where subsection (2) or (3) applies, to be read as references to the appointed representative.
(1)The following provisions come into force on Royal Assent—
sections 31 to 34
(2)Other provisions come into force on the day Ministers by order appoint.
(1)This Act does not apply to an arbitration begun before commencement.
(2)This Act otherwise applies to an arbitration agreement whether made on, before or after commencement.
(3)Despite subsection (2), this Act does not apply to an arbitration arising under an arbitration agreement (other than an enactment) made before commencement if the parties agree that this Act is not to apply to that arbitration.
(4)Ministers may by order specify any day falling at least 5 years after commencement as the day on which subsection (3) is to cease to have effect.
(5)Before making such an order, Ministers must consult such persons appearing to them to have an interest in the law of arbitration as they think fit.
(6)Any reference to an arbiter in an arbitration agreement made before commencement is to be treated as being a reference to an arbitrator.
(7)Any reference in an enactment to a decree arbitral is to be treated for the purposes of section 12 as being a reference to a tribunal's award.
(8)An express provision in an arbitration agreement made before commencement which disapplies section 3 of the Administration of Justice (Scotland) Act 1972 (c. 59) in relation to an arbitration arising under that agreement is, unless the parties otherwise agree, to be treated as being an agreement to disapply rules 41 and 69 in relation to such an arbitration.
(9)In this section, “commencement” means the day on which this section comes into force.
This Act is called the Arbitration (Scotland) Act 2010.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: