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This is the original version (as it was originally enacted).
(1)The non-mandatory rules are called the “default rules”.
(2)A default rule applies in relation to an arbitration seated in Scotland only in so far as the parties have not agreed to modify or disapply that rule (or any part of it) in relation to that arbitration.
(3)Parties may so agree—
(a)in the arbitration agreement, or
(b)by any other means at any time before or after the arbitration begins.
(4)Parties are to be treated as having agreed to modify or disapply a default rule—
(a)if or to the extent that the rule is inconsistent with or disapplied by—
(i)the arbitration agreement,
(ii)any arbitration rules or other document (for example, the UNCITRAL Model Law, the UNCITRAL Arbitration Rules or other institutional rules) which the parties agree are to govern the arbitration, or
(iii)anything done with the agreement of the parties, or
(b)if they choose a law other than Scots law as the applicable law in respect of the rule’s subject matter.
This subsection does not affect the generality of subsections (2) and (3).
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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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