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SCHEDULE 1Scottish Arbitration Rules

Part 8Challenging awards

Rule 67 Challenging an award: substantive jurisdiction M

67(1)A party may appeal to the Outer House against the tribunal’s award on the ground that the tribunal did not have jurisdiction to make the award (a “jurisdictional appeal”).

(2)The Outer House may decide a jurisdictional appeal by—

(a)confirming the award,

(b)varying the award (or part of it), or

(c)setting aside the award (or part of it).

(3)Any variation by the Outer House has effect as part of the tribunal’s award.

(4)An appeal may be made to the Inner House against the Outer House’s decision on a jurisdictional appeal (but only with the leave of the Outer House).

(5)Leave may be given by the Outer House only where it considers—

(a)that the proposed appeal would raise an important point of principle or practice, or

(b)that there is another compelling reason for the Inner House to consider the appeal.

(6)The Outer House’s decision on whether to grant such leave is final.

(7)The Inner House’s decision on such an appeal is final.