Arbitration (Scotland) Act 2010

Prospective

Rule 76 Loss of right to object M S

76 (1) A party who participates in an arbitration without making a timeous objection on the ground— S

(a) that an arbitrator is ineligible to act as an arbitrator,

(b) that an arbitrator is not impartial and independent,

(c) that an arbitrator has not treated the parties fairly,

(d) that the tribunal does not have jurisdiction,

(e) that the arbitration has not been conducted in accordance with—

(i) the arbitration agreement,

(ii) these rules (in so far as they apply), or

(iii) any other agreement by the parties relating to conduct of the arbitration,

(f) that the arbitration has been affected by any other serious irregularity,

may not raise the objection later before the tribunal or the court.

(2) An objection is timeous if it is made—

(a) as soon as reasonably practicable after the circumstances giving rise to the ground for objection first arose,

(b) by such later date as may be allowed by—

(i) the arbitration agreement,

(ii) these rules (in so far as they apply),

(iii) the other party, or

(c) where the tribunal considers that circumstances justify a later objection, by such later date as it may allow.

(3) This rule does not apply where the party shows that it did not object timeously because it—

(a) did not know of the ground for objection, and

(b) could not with reasonable diligence have discovered that ground.

(4) This rule does not allow a party to raise an objection which it is barred from raising for any reason other than failure to object timeously.