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Arbitration (Scotland) Act 2010

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This is the original version (as it was originally enacted).

23Prescription and limitation

This section has no associated Explanatory Notes

(1)The Prescription and Limitation (Scotland) Act 1973 (c. 52) is amended as follows.

(2)In section 4 (positive prescription: interruption)—

(a)in subsection (2)(b), after “Scotland” insert “in respect of which an arbitrator (or panel of arbitrators) has been appointed”,

(b)in subsection (3)(a), for the words from “and” to “served” substitute “, the date when the arbitration begins”,

(c)for subsection (4) substitute—

“(4)An arbitration begins for the purposes of this section—

(a)when the parties to the arbitration agree that it begins, or

(b)in the absence of such agreement, in accordance with rule 1 of the Scottish Arbitration Rules (see section 7 of, and schedule 1 to, the Arbitration (Scotland) Act 2010 (asp 1)).”.

(3)In section 9 (negative prescription: interruption)—

(a)in subsection (3), for the words from “and” to “served” substitute “the date when the arbitration begins”,

(b)in subsection (4), for “preliminary notice” substitute “the date when the arbitration begins”.

(4)After section 19C, insert—

“19CAInterruption of limitation period: arbitration

(1)Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 17(2), 18(2), 18A(1) or 18B(2) of this Act in relation to that matter.

(2)In this section, “arbitration” means—

(a)any arbitration in Scotland,

(b)any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.”.

(5)In section 22A(4), for the words from “and” to “served” substitute “the date when the arbitration begins (within the meaning of section 4(4) of this Act)”.

(6)After section 22C, insert—

“22CAInterruption of limitation period for 1987 Act actions: arbitration

(1)Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 22B(2) or 22C(2) of this Act in relation to that matter.

(2)In this section, “arbitration” means—

(a)any arbitration in Scotland,

(b)any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.”.

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