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The Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010

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Citation and interpretation

1.—(1) This Order may be cited as the Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010.

(2) In this Order—

the Act” means the Arbitration (Scotland) Act 2010; and

“statutory arbitration” means arbitration pursuant to an enactment which provides for a dispute to be submitted to arbitration(1).

Commencement

2.—(1) Subject to paragraph (2), the provisions of the Act not already in force come into force on 7th June 2010.

(2) Those provisions of the Act do not come into force for the purposes of statutory arbitration, except for section 17 (power to adapt enactments providing for statutory arbitration) which comes into force for all purposes.

Transitional provisions

3.—(1) The enactments amended or repealed by sections 23, 27 and 29 of the Act and any rule of law otherwise modified by any provisions of the Act continue to apply as they stood before that modification—

(a)to legal proceedings relating to arbitration (whether or not an arbitration has begun) raised or depending before any court before 7th June 2010;

(b)to statutory arbitration, before the Act is commenced for the purposes of statutory arbitration,

and the provisions of the Act which would otherwise be applicable are not to apply.

4.  In applying rule 47(2)(b) or (3)(d) (considerations applicable to the substance of the dispute) of the Scottish Arbitration Rules(2) to an arbitration agreement made before 7th June 2010, that agreement is to have effect in accordance with the rules of law (including any conflict of law rules) as they stood immediately before that day.

5.—(1) Where an enactment provides for the date upon which arbitration begins for the purposes of that enactment, section 4(4)(b) of the Prescription and Limitation (Scotland) Act 1973(3) is to be read as if the reference to rule 1 of the Scottish Arbitration Rules is a reference to when arbitration begins under that enactment.

(2) This article ceases to have effect on date on which the Act is commenced for the purposes of statutory arbitration.

6.  For the purposes of section 36(9) of the Act, section 36 of the Act is deemed to come into force on 7th June 2010 in the application of the Act, except in respect of statutory arbitration.

JIM MATHER

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th May 2010

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