Arbitration (Scotland) Act 2010Introductory1Founding principles2Key terms3Seat of arbitrationArbitration agreements4Arbitration agreement5Separability6Law governing arbitration agreementScottish Arbitration Rules7Scottish Arbitration Rules8Mandatory rules9Default rulesSuspension of legal proceedings10Suspension of legal proceedingsEnforcing and challenging arbitral awards etc.11Arbitral award to be final and binding on parties12Enforcement of arbitral awards13Court intervention in arbitrations14Persons who take no part in arbitral proceedings15Anonymity in legal proceedingsStatutory arbitration16Statutory arbitration: special provisions17Power to adapt enactments providing for statutory arbitrationRecognition and enforcement of New York Convention awards18New York Convention awards19Recognition and enforcement of New York Convention awards20Refusal of recognition or enforcement21Evidence to be produced when seeking recognition or enforcement22Saving for other bases of recognition or enforcementSupplementary23Prescription and limitation24Arbitral appointments referee25Power of judge to act as arbitrator or umpire26Amendments to UNCITRAL Model Law or Rules or New York Convention27Amendment of Conveyancing (Scotland) Act 1924 (c. 27)28Articles of Regulation 169529Repeals30Arbitrability of disputesFinal provisions31Interpretation32Ancillary provision33Orders34Crown application35Commencement36Transitional provisions37Short titleSCHEDULE 1Scottish Arbitration RulesPart 1Commencement and constitution of tribunal etc.1Rule 1 Commencement of arbitration D2Rule 2 Appointment of tribunal D3Rule 3 Arbitrator to be an individual M4Rule 4 Eligibility to act as arbitrator M5Rule 5 Number of arbitrators D6Rule 6 Method of appointment D7Rule 7 Failure of appointment procedure M8Rule 8 Duty to disclose any conflict of interests M9Rule 9 Arbitrator’s tenure D10Rule 10 Challenge to appointment of arbitrator D11Rule 11 Removal of arbitrator by parties D12Rule 12 Removal of arbitrator by court M13Rule 13 Dismissal of tribunal by court M14Rule 14 Removal and dismissal by court: supplementary M15Rule 15 Resignation of arbitrator M16Rule 16 Liability etc. of arbitrator when tenure ends M17Rule 17 Reconstitution of tribunal D18Rule 18 Arbitrators nominated in arbitration agreements DPart 2Jurisdiction of tribunal19Rule 19 Power of tribunal to rule on own jurisdiction M20Rule 20 Objections to tribunal’s jurisdiction M21Rule 21 Appeal against tribunal’s ruling on jurisdictional objection M22Rule 22 Referral of point of jurisdiction D23Rule 23 Jurisdiction referral: procedure etc. MPart 3General duties24Rule 24 General duty of the tribunal M25Rule 25 General duty of the parties M26Rule 26 Confidentiality D27Rule 27 Tribunal deliberations DPart 4Arbitral proceedings28Rule 28 Procedure and evidence D29Rule 29 Place of arbitration D30Rule 30 Tribunal decisions D31Rule 31 Tribunal directions D32Rule 32 Power to appoint clerk, agents or employees etc. D33Rule 33 Party representatives D34Rule 34 Experts D35Rule 35 Powers relating to property D36Rule 36 Oaths or affirmations D37Rule 37 Failure to submit claim or defence timeously D38Rule 38 Failure to attend hearing or provide evidence D39Rule 39 Failure to comply with tribunal direction or arbitration agreement D40Rule 40 Consolidation of proceedings DPart 5Powers of court in relation to arbitral proceedings41Rule 41 Referral of point of law D42Rule 42 Point of law referral: procedure etc. M43Rule 43 Variation of time limits set by parties D44Rule 44 Time limit variation: procedure etc. M45Rule 45 Court’s power to order attendance of witnesses and disclosure of evidence M46Rule 46 Court’s other powers in relation to arbitration DPart 6Awards47Rule 47 Rules applicable to the substance of the dispute D48Rule 48 Power to award payment and damages M49Rule 49 Other remedies available to tribunal D50Rule 50 Interest M51Rule 51 Form of award D52Rule 52 Award treated as made in Scotland D53Rule 53 Provisional awards D54Rule 54 Part awards M55Rule 55 Draft awards D56Rule 56 Power to withhold award on non-payment of fees or expenses M57Rule 57 Arbitration to end on last award or early settlement D58Rule 58 Correcting an award DPart 7Arbitration expenses59Rule 59 Arbitration expenses D60Rule 60 Arbitrators' fees and expenses M61Rule 61 Recoverable arbitration expenses D62Rule 62 Liability for recoverable arbitration expenses D63Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M64Rule 64 Security for expenses D65Rule 65 Limitation of recoverable arbitration expenses D66Rule 66 Awards on recoverable arbitration expenses DPart 8Challenging awards67Rule 67 Challenging an award: substantive jurisdiction M68Rule 68 Challenging an award: serious irregularity M69Rule 69 Challenging an award: legal error D70Rule 70 Legal error appeals: procedure etc. M71Rule 71 Challenging an award: supplementary M72Rule 72 Reconsideration by tribunal MPart 9Miscellaneous73Rule 73 Immunity of tribunal etc. M74Rule 74 Immunity of appointing arbitral institution etc. M75Rule 75 Immunity of experts, witnesses and legal representatives M76Rule 76 Loss of right to object M77Rule 77 Independence of arbitrator M78Rule 78 Consideration where arbitrator judged not to be impartial and independent D79Rule 79 Death of arbitrator M80Rule 80 Death of party D81Rule 81 Unfair treatment D82Rule 82 Rules applicable to umpires M83Rule 83 Formal communications D84Rule 84 Periods of time DIndexSCHEDULE 2RepealsArbitration (Scotland) Act 20102010 asp 1The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th November 2009 and received Royal Assent on 5th January 2010An Act of the Scottish Parliament to make provision about arbitration.
