SCHEDULE 1Scottish Arbitration Rules

Part 1Commencement and constitution of tribunal etc.

10Rule 10 Challenge to appointment of arbitrator D

1

A party may object to the tribunal about the appointment of an arbitrator.

2

An objection is competent only if—

a

it is made on the ground that the arbitrator—

i

is not impartial and independent,

ii

has not treated the parties fairly, or

iii

does not have a qualification which the parties agreed (before the arbitrator’s appointment) that the arbitrator must have,

b

it states the facts on which it is based,

c

it is made within 14 days of the objector becoming aware of those facts, and

d

notice of it is given to the other party.

3

The tribunal may deal with an objection by confirming or revoking the appointment.

4

If the tribunal fails to make a decision within 14 days of a competent objection being made, the appointment is revoked.