Explanatory Notes

Agricultural Holdings (Scotland) Act 2003

2003 asp 11

17 April 2003

Introduction

Part 7:  Jurisdiction of the Land Court and the Resolution of Disputes

Section 90:  Conduct of arbiter and setting aside of arbiter's award

287.This section transfers the existing jurisdiction of the sheriff to remove an arbiter or set aside the arbiter’s award in relation to arbitrations under the 1991 or 2003 Acts to the Land Court. The Court of Session's common law jurisdiction over such matters is unaffected. Under subsection (1) any interested party may apply to the Land Court where an arbiter has misconducted himself or herself or the arbitration has been improperly procured. In either case, under subsection (2) the Court can set aside the award. Where the arbiter has misconducted himself or herself, the Court may remove them.