Section 35 – Commencement
95.Section 35 provides for bringing the operative provisions of the Act into force by order.
96.The Act was brought into force for non-statutory arbitrations on 7th June 2010 by the Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010 (S.S.I. 2010/195). That Order makes transitional provision, in addition to section 36,—
excluding the Act from applying to court proceedings begun before 7th June 2010 in relation to arbitration;
preserving the old law in relation to contractual clauses which provide for equitable considerations to be relevant in relation to decisions on the merits of arbitration;
excluding the effect of rule 1 of the Scottish Arbitration Rules for enactments which provide for when arbitration begins; and
to make clear that for non-statutory arbitrations, in applying the transitional provisions in section 36, “commencement” is taken to be 7 June 2010.