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Arbitration (Scotland) Act 2010

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20(1)Any party may object to the tribunal on the ground that the tribunal does not have, or has exceeded, its jurisdiction in relation to any matter.S

(2)An objection must be made—

(a)before, or as soon as is reasonably practicable after, the matter to which the objection relates is first raised in the arbitration, or

(b)where the tribunal considers that circumstances justify a later objection, by such later time as it may allow,

but, in any case, an objection may not be made after the tribunal makes its last award.

(3)If the tribunal upholds an objection it must—

(a)end the arbitration in so far as it relates to a matter over which the tribunal has ruled it does not have jurisdiction, and

(b)set aside any provisional or part award already made in so far as the award relates to such a matter.

(4)The tribunal may—

(a)rule on an objection independently from dealing with the subject-matter of the dispute, or

(b)delay ruling on an objection until it makes its award on the merits of the dispute (and include its ruling in that award),

but, where the parties agree which of these courses the tribunal should take, the tribunal must proceed accordingly.

Commencement Information

I1Sch. 1 rule 20 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

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