Statutory arbitration

I116Statutory arbitration: special provisions

1

“Statutory arbitration” is arbitration pursuant to an enactment which provides for a dispute to be submitted to arbitration.

2

References in the Scottish Arbitration Rules (or in any other provision of this Act) to an arbitration agreement are, in the case of a statutory arbitration, references to the enactment which provides for a dispute to be resolved by arbitration.

3

None of the Scottish Arbitration Rules (or other provisions of this Act) apply to a statutory arbitration if or to the extent that they are excluded by, or are inconsistent with, any provision made by virtue of any other enactment relating to the arbitration.

4

Every statutory arbitration is to be taken to be seated in Scotland.

5

The following rules do not apply in relation to statutory arbitration—

  • rule 43 (extension of time limits)

  • rule 71(9) (power to declare provision of arbitration agreement void)

  • rule 80 (death of party)

6

Despite rule 40, parties to a statutory arbitration may not agree to—

a

consolidate the arbitration with another arbitration,

b

hold concurrent hearings, or

c

authorise the tribunal to order such consolidation or the holding of concurrent hearings,

unless the arbitrations or hearings are to be conducted under the same enactment.