Search Legislation

Arbitration (Scotland) Act 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Arbitration (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Prospective

Rule 71 Challenging an award: supplementary MS

71(1)This rule applies to—S

(a)jurisdictional appeals,

(b)serious irregularity appeals, and

(c)where rule 69 applies to the arbitration, legal error appeals,

and references to “appeal” are to be construed accordingly.

(2)An appeal is competent only if the appellant has exhausted any available arbitral process of appeal or review (including any recourse available under rule 58).

(3)No appeal may be made against a provisional award.

(4)An appeal must be made no later than 28 days after the later of the following dates—

(a)the date on which the award being appealed against is made,

(b)if the award is subject to a process of correction under rule 58, the date on which the tribunal decides whether to correct the award, or

(c)if there has been an arbitral process of appeal or review, the date on which the appellant was notified of the result of that process.

A legal error appeal is to be treated as having being made for the purposes of this rule if an application for leave is made.

(5)An application for leave to appeal against the Outer House's decision on an appeal must be made no later than 28 days after the date on which the decision is made (and any such leave expires 7 days after it is granted).

(6)An appellant must give notice of an appeal to the other party and the tribunal.

(7)The tribunal may continue with the arbitration pending determination of an appeal against a part award.

(8)The Outer House (or the Inner House in the case of an appeal against the Outer House's decision) may—

(a)order the tribunal to state its reasons for the award being appealed in sufficient detail to enable the Outer House (or Inner House) to deal with the appeal properly, and

(b)make any other order it thinks fit with respect to any additional expenses arising from that order.

(9)Where the Outer House (or the Inner House in the case of an appeal against the Outer House's decision) decides an appeal by setting aside the award (or any part of it), it may also order that any provision in an arbitration agreement which prevents the bringing of legal proceedings in relation to the subject-matter of the award (or that part of it) is void.

(10)The Outer House (or the Inner House in the case of an appeal against the Outer House's decision) may—

(a)order an appellant (or an applicant for leave to appeal) to provide security for the expenses of the appeal (or application), and

(b)dismiss the appeal (or application) if the order is not complied with.

(11)But such an order may not be made only on the ground that the appellant (or applicant)—

(a)is an individual who ordinarily resides outwith the United Kingdom, or

(b)is a body which is—

(i)incorporated or formed under the law of a country outwith the United Kingdom, or

(ii)managed or controlled from outwith the United Kingdom.

(12)The Outer House (or the Inner House in the case of an appeal against the Outer House's decision) may—

(a)order that any amount due under an award being appealed (or any associated provisional award) must be paid into court or otherwise secured pending its decision on the appeal (or the application for leave to appeal), and

(b)dismiss the appeal (or application) if the order is not complied with.

(13)An appeal to the Inner House against any decision of the Outer House under this rule may be made only with the leave of the Outer House.

(14)An application for leave to appeal against such a decision must be made no later than 28 days after the date on which the decision is made (and any such leave expires 7 days after it is granted).

(15)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.

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

(17)A decision of the Inner House under this rule (including any decision on an appeal against a decision by the Outer House) is final.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources