Administration of Justice (Scotland) Act 1972

3 Power of arbiter to state case to Court of Session.

(1) Subject to express provision to the contrary in an agreement to refer to arbitration, the arbiter or oversman may, on the application of a party to the arbitration, and shall, if the Court of Session on such an application so directs, at any stage in the arbitration state a case for the opinion of that Court on any question of law arising in the arbitration.

(2) This section shall not apply to an arbitration under any enactment which confers a power to appeal to or state a case for the opinion of a court or tribunal in relation to that arbitration.

(3) This section shall not apply to any form of arbitration relating to a trade dispute within the meaning of the [1919 c. 69.] Industrial Courts Act 1919 or relating to an industrial dispute within the meaning of the [1971 c. 72.] Industrial Relations Act 1971; to any other arbitration arising from a collective agreement within the meaning of the said Act of 1971; or to proceedings before the Industrial Arbitration Board described in section 124 of that Act.

(4) This section shall not apply in relation to an agreement to refer to arbitration made before the commencement of this Act.