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Arbitration (Scotland) Act 2010

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Arbitration (Scotland) Act 2010, Cross Heading: Statutory arbitration is up to date with all changes known to be in force on or before 04 June 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Statutory arbitrationS

16Statutory arbitration: special provisionsS

(1)“Statutory arbitration” is arbitration pursuant to an enactment which provides for a dispute to be submitted to arbitration.

(2)References in the Scottish Arbitration Rules (or in any other provision of this Act) to an arbitration agreement are, in the case of a statutory arbitration, references to the enactment which provides for a dispute to be resolved by arbitration.

(3)None of the Scottish Arbitration Rules (or other provisions of this Act) apply to a statutory arbitration if or to the extent that they are excluded by, or are inconsistent with, any provision made by virtue of any other enactment relating to the arbitration.

(4)Every statutory arbitration is to be taken to be seated in Scotland.

(5)The following rules do not apply in relation to statutory arbitration—

  • rule 43 (extension of time limits)

  • rule 71(9) (power to declare provision of arbitration agreement void)

  • rule 80 (death of party)

(6)Despite rule 40, parties to a statutory arbitration may not agree to—

(a)consolidate the arbitration with another arbitration,

(b)hold concurrent hearings, or

(c)authorise the tribunal to order such consolidation or the holding of concurrent hearings,

unless the arbitrations or hearings are to be conducted under the same enactment.

Commencement Information

I1S. 16 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

17Power to adapt enactments providing for statutory arbitrationS

Ministers may by order—

(a)modify any of the Scottish Arbitration Rules, or any other provisions of this Act, in so far as they apply to statutory arbitrations (or to particular statutory arbitrations),

(b)make such modifications of enactments which provide for disputes to be submitted to arbitration as they consider appropriate in consequence of, or in order to give full effect to, any of the Scottish Arbitration Rules or any other provisions of this Act.

Commencement Information

I2S. 17 in force at 7.6.2010 by S.S.I. 2010/195, art. 2 (with art. 3)

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