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This is the original version (as it was originally enacted).
(1)An arbitration is “seated in Scotland” if—
(a)Scotland is designated as the juridical seat of the arbitration—
(i)by the parties,
(ii)by any third party to whom the parties give power to so designate, or
(iii)where the parties fail to designate or so authorise a third party, by the tribunal, or
(b)in the absence of any such designation, the court determines that Scotland is to be the juridical seat of the arbitration.
(2)The fact that an arbitration is seated in Scotland does not affect the substantive law to be used to decide the dispute.
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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
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