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Arbitration (Scotland) Act 2010


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Introductory

    1. 1.Founding principles

    2. 2.Key terms

    3. 3.Seat of arbitration

  3. Arbitration agreements

    1. 4.Arbitration agreement

    2. 5.Separability

    3. 6.Law governing arbitration agreement

  4. Scottish Arbitration Rules

    1. 7.Scottish Arbitration Rules

    2. 8.Mandatory rules

    3. 9.Default rules

  5. Suspension of legal proceedings

    1. 10.Suspension of legal proceedings

  6. Enforcing and challenging arbitral awards etc.

    1. 11.Arbitral award to be final and binding on parties

    2. 12.Enforcement of arbitral awards

    3. 13.Court intervention in arbitrations

    4. 14.Persons who take no part in arbitral proceedings

    5. 15.Anonymity in legal proceedings

  7. Statutory arbitration

    1. 16.Statutory arbitration: special provisions

    2. 17.Power to adapt enactments providing for statutory arbitration

  8. Recognition and enforcement of New York Convention awards

    1. 18.New York Convention awards

    2. 19.Recognition and enforcement of New York Convention awards

    3. 20.Refusal of recognition or enforcement

    4. 21.Evidence to be produced when seeking recognition or enforcement

    5. 22.Saving for other bases of recognition or enforcement

  9. Supplementary

    1. 23.Prescription and limitation

    2. 24.Arbitral appointments referee

    3. 25.Power of judge to act as arbitrator or umpire

    4. 26.Amendments to UNCITRAL Model Law or Rules or New York Convention

    5. 27.Amendment of Conveyancing (Scotland) Act 1924 (c. 27)

    6. 28.Articles of Regulation 1695

    7. 29.Repeals

    8. 30.Arbitrability of disputes

  10. Final provisions

    1. 31.Interpretation

    2. 32.Ancillary provision

    3. 33.Orders

    4. 34.Crown application

    5. 35.Commencement

    6. 36.Transitional provisions

    7. 37.Short title

    1. SCHEDULE 1

      Scottish Arbitration Rules

      1. Part 1 Commencement and constitution of tribunal etc.

        1. 1.Rule 1 Commencement of arbitration D

        2. 2.Rule 2 Appointment of tribunal D

        3. 3.Rule 3 Arbitrator to be an individual M

        4. 4.Rule 4 Eligibility to act as arbitrator M

        5. 5.Rule 5 Number of arbitrators D

        6. 6.Rule 6 Method of appointment D

        7. 7.Rule 7 Failure of appointment procedure M

        8. 8.Rule 8 Duty to disclose any conflict of interests M

        9. 9.Rule 9 Arbitrator’s tenure D

        10. 10.Rule 10 Challenge to appointment of arbitrator D

        11. 11.Rule 11 Removal of arbitrator by parties D

        12. 12.Rule 12 Removal of arbitrator by court M

        13. 13.Rule 13 Dismissal of tribunal by court M

        14. 14.Rule 14 Removal and dismissal by court: supplementary M

        15. 15.Rule 15 Resignation of arbitrator M

        16. 16.Rule 16 Liability etc. of arbitrator when tenure ends M

        17. 17.Rule 17 Reconstitution of tribunal D

        18. 18.Rule 18 Arbitrators nominated in arbitration agreements D

      2. Part 2 Jurisdiction of tribunal

        1. 19.Rule 19 Power of tribunal to rule on own jurisdiction M

        2. 20.Rule 20 Objections to tribunal’s jurisdiction M

        3. 21.Rule 21 Appeal against tribunal’s ruling on jurisdictional objection M

        4. 22.Rule 22 Referral of point of jurisdiction D

        5. 23.Rule 23 Jurisdiction referral: procedure etc. M

      3. Part 3 General duties

        1. 24.Rule 24 General duty of the tribunal M

        2. 25.Rule 25 General duty of the parties M

        3. 26.Rule 26 Confidentiality D

        4. 27.Rule 27 Tribunal deliberations D

      4. Part 4 Arbitral proceedings

        1. 28.Rule 28 Procedure and evidence D

        2. 29.Rule 29 Place of arbitration D

        3. 30.Rule 30 Tribunal decisions D

        4. 31.Rule 31 Tribunal directions D

        5. 32.Rule 32 Power to appoint clerk, agents or employees etc. D

        6. 33.Rule 33 Party representatives D

        7. 34.Rule 34 Experts D

        8. 35.Rule 35 Powers relating to property D

        9. 36.Rule 36 Oaths or affirmations D

        10. 37.Rule 37 Failure to submit claim or defence timeously D

        11. 38.Rule 38 Failure to attend hearing or provide evidence D

        12. 39.Rule 39 Failure to comply with tribunal direction or arbitration agreement D

        13. 40.Rule 40 Consolidation of proceedings D

      5. Part 5 Powers of court in relation to arbitral proceedings

        1. 41.Rule 41 Referral of point of law D

        2. 42.Rule 42 Point of law referral: procedure etc. M

        3. 43.Rule 43 Variation of time limits set by parties D

        4. 44.Rule 44 Time limit variation: procedure etc. M

        5. 45.Rule 45 Court’s power to order attendance of witnesses and disclosure of evidence M

        6. 46.Rule 46 Court’s other powers in relation to arbitration D

      6. Part 6 Awards

        1. 47.Rule 47 Rules applicable to the substance of the dispute D

        2. 48.Rule 48 Power to award payment and damages M

        3. 49.Rule 49 Other remedies available to tribunal D

        4. 50.Rule 50 Interest M

        5. 51.Rule 51 Form of award D

        6. 52.Rule 52 Award treated as made in Scotland D

        7. 53.Rule 53 Provisional awards D

        8. 54.Rule 54 Part awards M

        9. 55.Rule 55 Draft awards D

        10. 56.Rule 56 Power to withhold award on non-payment of fees or expenses M

        11. 57.Rule 57 Arbitration to end on last award or early settlement D

        12. 58.Rule 58 Correcting an award D

      7. Part 7 Arbitration expenses

        1. 59.Rule 59 Arbitration expenses D

        2. 60.Rule 60 Arbitrators' fees and expenses M

        3. 61.Rule 61 Recoverable arbitration expenses D

        4. 62.Rule 62 Liability for recoverable arbitration expenses D

        5. 63.Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M

        6. 64.Rule 64 Security for expenses D

        7. 65.Rule 65 Limitation of recoverable arbitration expenses D

        8. 66.Rule 66 Awards on recoverable arbitration expenses D

      8. Part 8 Challenging awards

        1. 67.Rule 67 Challenging an award: substantive jurisdiction M

        2. 68.Rule 68 Challenging an award: serious irregularity M

        3. 69.Rule 69 Challenging an award: legal error D

        4. 70.Rule 70 Legal error appeals: procedure etc. M

        5. 71.Rule 71 Challenging an award: supplementary M

        6. 72.Rule 72 Reconsideration by tribunal M

      9. Part 9 Miscellaneous

        1. 73.Rule 73 Immunity of tribunal etc. M

        2. 74.Rule 74 Immunity of appointing arbitral institution etc. M

        3. 75.Rule 75 Immunity of experts, witnesses and legal representatives M

        4. 76.Rule 76 Loss of right to object M

        5. 77.Rule 77 Independence of arbitrator M

        6. 78.Rule 78 Consideration where arbitrator judged not to be impartial and independent D

        7. 79.Rule 79 Death of arbitrator M

        8. 80.Rule 80 Death of party D

        9. 81.Rule 81 Unfair treatment D

        10. 82.Rule 82 Rules applicable to umpires M

        11. 83.Rule 83 Formal communications D

        12. 84.Rule 84 Periods of time D

      10. Index

    2. SCHEDULE 2


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