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Arbitration (Scotland) Act 2010

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Arbitration (Scotland) Act 2010, Cross Heading: Rule 28 Procedure and evidence D is up to date with all changes known to be in force on or before 18 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Rule 28 Procedure and evidence DS

28(1)It is for the tribunal to determine—S

(a)the procedure to be followed in the arbitration, and

(b)the admissibility, relevance, materiality and weight of any evidence.

(2)In particular, the tribunal may determine—

(a)when and where the arbitration is to be conducted,

(b)whether parties are to submit claims or defences and, if so, when they should do so and the extent to which claims or defences may be amended,

(c)whether any documents or other evidence should be disclosed by or to any party and, if so, when such disclosures are to be made and to whom copies of disclosed documents and information are to be given,

(d)whether any and, if so, what questions are to be put to and answered by the parties,

(e)whether and, if so, to what extent the tribunal should take the initiative in ascertaining the facts and the law,

(f)the extent to which the arbitration is to proceed by way of—

(i)hearings for the questioning of parties,

(ii)written or oral argument,

(iii)presentation or inspection of documents or other evidence, or

(iv)submission of documents or other evidence,

(g)the language to be used in the arbitration (and whether a party is to supply translations of any document or other evidence),

(h)whether to apply rules of evidence used in legal proceedings or any other rules of evidence.

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Commencement Information

I1Sch. 1 rule 28 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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