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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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- 1990 c. 40
- SCHEDULE 7
- Chapter VIII
- Article 36
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Changes and effects yet to be applied to Schedule 7 Part 9 Chapter 2:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 34(9) para. (d)(g) text amended by 2003 asp 4 Sch. 4 para. 12(13)(b)(ii)(iii)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 20A(2)(a)(iii) text amended by 2007 asp 5 Sch. 5 para. 3(5)
- s. 20A(2)(a)(iii) text amended by S.S.I. 2011/235 art. 6(3)
- s. 20B-20E inserted by 2007 asp 5 s. 54(3)
- s. 20ZA-20ZC inserted by 2007 asp 5 s. 54(2)
- s. 20ZD 20ZE inserted by 2007 asp 5 s. 55(2)
- s. 21A-21C inserted by 2003 asp 4 Sch. 4 para. 12(9)
- s. 21A(1) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(i)
- s. 21A(1)(a)(b) and word repealed by 2007 asp 5 Sch. 5 para. 3(7)(a)(ii)
- s. 21A(1)(c) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
- s. 21A(2) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(i)
- s. 21A(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(ii)
- s. 21B heading text amended by 2007 asp 5 Sch. 5 para. 3(8)(a)
- s. 21B(1) text amended by 2007 asp 5 Sch. 5 para. 3(8)(b)(i)
- s. 21B(1)(a) substituted by 2007 asp 5 Sch. 5 para. 3(8)(b)(ii)
- s. 21B(2) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(i)(ii)
- s. 21B(2)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iii)
- s. 21B(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iv)
- s. 21B(3) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(i)
- s. 21B(3)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(ii)
- s. 21B(4) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(i)
- s. 21B(4)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(ii)
- s. 21C repealed by 2010 asp 16 s. 128(3)
- s. 41A-41B inserted by S.I. 2003/1398 Sch. para. 12(3)
Commencement Orders yet to be applied to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/382 art. 2 commences (1990 c. 40)
- S.S.I. 2007/141 art. 2 commences (1990 c. 40)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
- S.S.I. 2003/384 art. 2 Commencement Order
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2005/644 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/189 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/140 art. 2 commences (2007 asp 5)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2008/311 art. 2 commences (2007 asp 5)
- S.S.I. 2009/192 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/39 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/195 art. 2 commences (2010 asp 1)
- S.S.I. 2011/180 art. 3 4 5 6 7 commences (2010 asp 16)
Article 36S Grounds for refusing recognition or enforcement
(1)Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:
(a)at the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:
(i)a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(ii)the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iii)the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decision on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(iv)the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(v)the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made, or
(b)if the court finds that:
(i)the subject-matter of the dispute is not capable of settlement by arbitration under the law of Scotland; or
(ii)the recognition or enforcement of the award would be contrary to public policy.
(2)If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1)(a)(v) of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.
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