- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The court may, on an application by any party, order that a tribunal’s award may be enforced as if it were an extract registered decree bearing a warrant for execution granted by the court.
(2)No such order may be made if the court is satisfied that the award is the subject of—
(a)an appeal under Part 8 of the Scottish Arbitration Rules,
(b)an arbitral process of appeal or review, or
(c)a process of correction under rule 58 of the Scottish Arbitration Rules,
which has not been finally determined.
(3)No such order may be made if the court is satisfied that the tribunal which made the award did not have jurisdiction to do so (and the court may restrict the extent of its order if satisfied that the tribunal did not have jurisdiction to make a part of the award).
(4)But a party may not object on the ground that the tribunal did not have jurisdiction if the party has lost the right to raise that objection by virtue of the Scottish Arbitration Rules (see rule 76).
(5)Unless the parties otherwise agree, a tribunal’s award may be registered for execution in the Books of Council and Session or in the sheriff court books (provided that the arbitration agreement is itself so registered).
(6)This section applies regardless of whether the arbitration concerned was seated in Scotland.
(7)Nothing in this section or in section 13 affects any other right to rely on or enforce an award in pursuance of—
(a)sections 19 to 21, or
(b)any other enactment or rule of law.
(8)In this section, “court” means the sheriff or the Court of Session.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: