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Arbitration (Scotland) ACT 2010

Enforcing and challenging arbitral awards etc.

Section 13 – Court intervention in arbitrations

52.Section 13 prohibits legal proceedings in respect of the tribunal’s award or any other act or omission of the tribunal other than in accordance with the Act. Other recourse to the courts under their existing powers in relation to arbitration are not however undermined by section 13.

53.It particularly excludes judicial review or other types of review or appeal of arbitral awards—any recourse to the court under the Act which is “final” is not subject to further appeal. So, for instance, the Outer House’s decision under rule 42(4) is stated to be final. There is accordingly no further appeal or review in light of sections 1(c) and 13 of the Act.

54.To ensure that the courts have jurisdiction where necessary under the Act, and that the Scottish Arbitration Rules are not only a matter of private right between individuals, it is also made clear that while court interference with a tribunal’s award or any other act or omission by a tribunal in conducting the arbitration is prohibited, the courts do have jurisdiction on those matters where the Scottish Arbitration Rules or the Act so permit.

55.Section 13(3) limits, to certain specific procedures under the Act, the occasions when jurisdictional questions may be raised with the courts.

56.Section 13(4) provides that recourse to the Court of Session and the sheriff court is available to appoint an arbitrator where parties have agreed that, subject to the mandatory rules in the Act, the UNCITRAL Model Law is to apply (there is no power at common law to appoint), in accordance with Articles 6 and 11(2) to (5) of the Model Law.

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