Arbitration (Scotland) Act 2010

Rule 46 Court’s other powers in relation to arbitration D

46 (1) The court has the same power in an arbitration as it has in civil proceedings—

(a) to appoint a person to safeguard the interests of any party lacking capacity,

(b) to order the sale of any property in dispute in the arbitration,

(c) to make an order securing any amount in dispute in the arbitration,

(d) to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 (c. 59),

(e) to grant warrant for arrestment or inhibition,

(f) to grant interdict (or interim interdict), or

(g) to grant any other interim or permanent order.

(2) But the court may take such action only—

(a) on an application by any party, and

(b) if the arbitration has begun—

(i) with the consent of the tribunal, or

(ii) where the court is satisfied that the case is one of urgency.

(3) The tribunal may continue with the arbitration pending determination of the application.

(4) This rule applies—

(a) to arbitrations which have begun,

(b) where the court is satisfied—

(i) that a dispute has arisen or might arise, and

(ii) that an arbitration agreement provides that such a dispute is to be resolved by arbitration.

(5) This rule does not affect—

(a) any other powers which the court has under any enactment or rule of law in relation to arbitrations, or

(b) the tribunal’s powers.