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Arbitration (Scotland) Act 2010

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Arbitration (Scotland) Act 2010, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 17 July 2018. 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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SupplementaryS

23Prescription and limitationS

(1)The Prescription and Limitation (Scotland) Act 1973 (c. 52) is amended as follows.

(2)In section 4 (positive prescription: interruption)—

(a)in subsection (2)(b), after “Scotland” insert “ in respect of which an arbitrator (or panel of arbitrators) has been appointed ”,

(b)in subsection (3)(a), for the words from “and” to “served” substitute “ , the date when the arbitration begins ”,

(c)for subsection (4) substitute—

(4)An arbitration begins for the purposes of this section—

(a)when the parties to the arbitration agree that it begins, or

(b)in the absence of such agreement, in accordance with rule 1 of the Scottish Arbitration Rules (see section 7 of, and schedule 1 to, the Arbitration (Scotland) Act 2010 (asp 1))..

(3)In section 9 (negative prescription: interruption)—

(a)in subsection (3), for the words from “and” to “served” substitute “ the date when the arbitration begins ”,

(b)in subsection (4), for “preliminary notice” substitute “ the date when the arbitration begins ”.

(4)After section 19C, insert—

19CAInterruption of limitation period: arbitration

(1)Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 17(2), 18(2), 18A(1) or 18B(2) of this Act in relation to that matter.

(2)In this section, “arbitration” means—

(a)any arbitration in Scotland,

(b)any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland..

(5)In section 22A(4), for the words from “and” to “served” substitute “ the date when the arbitration begins (within the meaning of section 4(4) of this Act) ”.

(6)After section 22C, insert—

22CAInterruption of limitation period for 1987 Act actions: arbitration

(1)Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 22B(2) or 22C(2) of this Act in relation to that matter.

(2)In this section, “arbitration” means—

(a)any arbitration in Scotland,

(b)any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland..

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Commencement Information

I1S. 23 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 5)

24Arbitral appointments refereeS

(1)Ministers may, by order, authorise persons or types of person who may act as an arbitral appointments referee for the purposes of the Scottish Arbitration Rules.

(2)Ministers must, when making such an order, have regard to the desirability of ensuring that arbitral appointments referees—

(a)have experience relevant to making arbitral appointments, and

(b)are able to provide training, and to operate disciplinary procedures, designed to ensure that arbitrators conduct themselves appropriately.

(3)Despite subsection (2)(b), an arbitral appointments referee is not obliged to appoint arbitrators in respect of whom the referee provides training or operates disciplinary procedures.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 24 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

25Power of judge to act as arbitrator or umpireS

(1)A judge may act as an arbitrator or umpire only where—

(a)the dispute being arbitrated appears to the judge to be of commercial character, and

(b)the Lord President, having considered the state of Court of Session business, has authorised the judge to so act.

(2)A fee of such amount as Ministers may by order prescribe is payable in the Court of Session for the services of a judge acting as an arbitrator or umpire.

(3)Any jurisdiction exercisable by the Outer House under the Scottish Arbitration Rules (or any other provision of this Act) in relation to—

(a)a judge acting as a sole arbitrator or umpire, or

(b)a tribunal which the judge forms part of,

is to be exercisable instead by the Inner House (and the Inner House's decision on any matter is final).

(4)In this section—

  • judge” means a judge of the Court of Session, and

  • Lord President” means the Lord President of the Court of Session.

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Commencement Information

I3S. 25 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

26Amendments to UNCITRAL Model Law or Rules or New York ConventionS

(1)Ministers may by order modify—

(a)the Scottish Arbitration Rules,

(b)any other provision of this Act, or

(c)any enactment which provides for disputes to be resolved by arbitration,

in such manner as they consider appropriate in consequence of any amendment made to the UNCITRAL Model Law, the UNCITRAL Arbitration Rules or the New York Convention.

(2)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.

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Commencement Information

I4S. 26 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

27Amendment of Conveyancing (Scotland) Act 1924 (c. 27)S

In section 46 of the Conveyancing (Scotland) Act 1924—

(a)in subsection (2), for “This section” substitute “ Subsection (1) ”, and

(b)after subsection (2) insert—

(3)Where—

(a)an arbitral award orders the reduction of a deed or other document recorded in the Register of Sasines (or forming a midcouple or link of title in a title recorded in that Register), and

(b)the court orders that the award may be enforced in accordance with section 12 of the Arbitration (Scotland) Act 2010 (asp 1),

subsection (1) applies to the arbitral award as it applies to a decree of reduction of a deed recorded in the Register of Sasines..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 27 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

28Articles of Regulation 1695S

The 25th Act of the Articles of Regulation 1695 does not apply in relation to arbitration.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 28 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

29RepealsS

The repeals of the enactments specified in column 1 of schedule 2 have effect to the extent specified in column 2.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 29 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

30Arbitrability of disputesS

Nothing in this Act makes any dispute capable of being arbitrated if, because of its subject-matter, it would not otherwise be capable of being arbitrated.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8S. 30 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with art. 3)

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