Explanatory Notes

Arbitration (Scotland) Act 2010

2010 asp 1

5 January 2010

Commentary on Sections

Final provisions

Schedule 1Scottish Arbitration Rules

Part 2 – Jurisdiction of tribunal
Rule 21 – Appeal against tribunal’s ruling on jurisdictional objection Mandatory

136.Rule 21(1) provides that within 14 days after the tribunal’s decision, an application can be made to the Outer House on a question of an arbitrator’s jurisdiction. Paragraph (2) provides that the arbitral proceedings will be able to continue until the court comes to a decision on the objection to jurisdiction to avoid vexatious objections being taken to the court to delay the whole process. Rule 21(3) provides that the Outer House’s decision on appeal is final.