http://www.legislation.gov.uk/id/asp/2010/1/schedule/1/part/6

C4 C6 C3 C5 C8 C9 C7 C11 C1 C2 C10 C12SCHEDULE 1Scottish Arbitration Rules

Annotations:

Modifications etc. (not altering text)

C4

Sch. 1 excluded by 1962 c. 46, s. 74(6)(f) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(2))

C6

Sch. 1 excluded by 1962 c. 46, Sch. 7 para. 17(5) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(4))

C3

Sch. 1 excluded by 1961 c. 34, s. 171 (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 3)

C5

Sch. 1 excluded by 1962 c. 46, s. 81(7) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(3))

C8

Sch. 1 excluded by 1992 c. 52, s. 212(5) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 6(2))

C9

Sch. 1 excluded by 1992 c. 52, s. 263(6) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 6(3))

C7

Sch. 1 excluded by 1977 c. 37, s. 130(8) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 5)

C11

Sch. 1: power to exclude or restrict conferred by 2007 c. 15, Sch. 5 para. 14 (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 8)

C1

Sch. 1 excluded by 1949 c. 39, s. 8(2) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 1)

C2

Sch. 1 excluded by 1949 c. 87, s. 67(4) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 2)

C10

Sch. 1 excluded by 1996 c. 17, s. 6(2) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7)

C12

Sch. 1 excluded (17.8.2023) by The Police Negotiating Board for Scotland (Constitution, Arbitration and Qualifying Cases) Regulations 2023 (S.S.I. 2023/199), regs. 1(1), 3

Part 6Awards

Rule 47 Rules applicable to the substance of the dispute D

I147

1

The tribunal must decide the dispute in accordance with—

a

the law chosen by the parties as applicable to the substance of the dispute, or

b

if no such choice is made (or where a purported choice is unlawful), the law determined by the conflict of law rules which the tribunal considers applicable.

2

Accordingly, the tribunal must not decide the dispute on the basis of general considerations of justice, fairness or equity unless—

a

they form part of the law concerned, or

b

the parties otherwise agree.

3

When deciding the dispute, the tribunal must have regard to—

a

the provisions of any contract relating to the substance of the dispute,

b

the normal commercial or trade usage of any undefined terms in the provisions of any such contract,

c

any established commercial or trade customs or practices relevant to the substance of the dispute, and

d

any other matter which the parties agree is relevant in the circumstances.