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42(1)This rule applies only where an application is made under rule 41.
(2)Such an application is valid only if—
(a)the parties have agreed that it may be made, or
(b)the tribunal has consented to it being made and the court is satisfied—
(i)that determining the question is likely to produce substantial savings in expenses,
(ii)that the application was made without delay, and
(iii)that there is a good reason why the question should be determined by the court.
(3)The tribunal may continue with the arbitration pending determination of the application.
(4)The Outer House’s determination of the question is final (as is any decision by the Outer House as to whether an application is valid).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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