Search Legislation

Arbitration (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

8Mandatory rules

This section has no associated Explanatory Notes

The following rules, called “mandatory rules”, cannot be modified or disapplied (by an arbitration agreement, by any other agreement between the parties or by any other means) in relation to any arbitration seated in Scotland—

  • rule 3 (arbitrator to be an individual)

  • rule 4 (eligibility to act as an arbitrator)

  • rule 7 (failure of appointment procedure)

  • rule 8 (duty to disclose any conflict of interests)

  • rules 12 to 16 (removal or resignation of arbitrator or dismissal of tribunal)

  • rules 19 to 21 and 23 (jurisdiction of tribunal)

  • rules 24 and 25 (general duties of tribunal and parties)

  • rule 42 (point of law referral: procedure etc.)

  • rule 44 (time limit variation: procedure etc.)

  • rule 45 (securing attendance of witnesses and disclosure of evidence)

  • rule 48 (power to award payment and damages)

  • rule 50 (interest)

  • rule 54 (part awards)

  • rule 56 (power to withhold award if fees or expenses not paid)

  • rule 60 (arbitrators' fees and expenses)

  • rule 63 (ban on pre-dispute agreements about liability for arbitration expenses)

  • rules 67, 68, 70, 71 and 72 (challenging awards)

  • rules 73 to 75 (immunity)

  • rule 76 (loss of right to object)

  • rule 77 (independence of arbitrator)

  • rule 79 (death of arbitrator)

  • rule 82 (rules applicable to umpires)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources