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Prospective

SCHEDULE 1SScottish Arbitration Rules

Part 9 SMiscellaneous

Rule 74 Immunity of appointing arbitral institution etc. MS

74(1)An arbitral appointments referee, or other third party who the parties ask to appoint or nominate an arbitrator, is not liable—S

(a)for anything done or omitted in the performance, or purported performance, of that function (unless the act or omission is shown to have been in bad faith), or

(b)for the acts or omissions of—

(i)any arbitrator whom it nominates or appoints, or

(ii)the tribunal of which such an arbitrator forms part (or any clerk, agent or employee of that tribunal).

(2)This rule applies to an arbitral appointments referee's, or other third party's, agents and employees as it applies to the referee or other third party.