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Arbitration (Scotland) Act 2010

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This is the original version (as it was originally enacted).

Rule 37 Failure to submit claim or defence timeously D

This section has no associated Explanatory Notes

37(1)Where—

(a)a party unnecessarily delays in submitting or in otherwise pursuing a claim,

(b)the tribunal considers that there is no good reason for the delay, and

(c)the tribunal is satisfied that the delay—

(i)gives, or is likely to give, rise to a substantial risk that it will not be possible to resolve the issues in that claim fairly, or

(ii)has caused, or is likely to cause, serious prejudice to the other party,

the tribunal must end the arbitration in so far as it relates to the subject-matter of the claim and may make such award (including an award on expenses) as it considers appropriate in consequence of the claim.

(2)Where—

(a)a party unnecessarily delays in submitting a defence to the tribunal, and

(b)the tribunal considers that there is no good reason for the delay,

the tribunal must proceed with the arbitration (but the delay is not, in itself, to be treated as an admission of anything).

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