Introduction
Background
The Act
Terminology – “arbitrator”
Statutory arbitrations
Consumer arbitrations
Commencement and implementation
Commentary on Sections
Introductory
Section 1 – Founding principles
Section 2 – Key terms
Section 3 – Seat of arbitration
Arbitration agreements
Section 4 – Arbitration agreement
Section 5 – Separability
Section 6 – Law governing arbitration agreement
Scottish Arbitration Rules
Section 7 – Scottish Arbitration Rules
Section 8 – Mandatory rules
Section 9 – Default rules
Suspension of legal proceedings
Section 10 – Suspension of legal proceedings
Enforcing and challenging arbitral awards etc.
Section 11 – Arbitral award to be final and binding on parties
Section 12 – Enforcement of arbitral awards
Section 13 – Court intervention in arbitrations
Section 14 – Persons who take no part in arbitral proceedings
Section 15 – Anonymity in legal proceedings
Statutory arbitration
Section 16 – Statutory arbitration: special provisions
Section 17 – Power to adapt enactments providing for statutory arbitration
Recognition and enforcement of New York Convention awards
Section 18 – New York Convention awards
Section 19 – Recognition and enforcement of New York Convention awards
Section 20 – Refusal of recognition or enforcement
Section 21 – Evidence to be produced when seeking recognition or enforcement
Section 22 – Saving for other bases of recognition or enforcement
Supplementary
Section 23 – Prescription and limitation
Section 24 – Arbitral appointments referee
Section 25 – Power of judge to act as arbitrator or umpire
Section 26 – Amendments to UNCITRAL Model Law or Rules or New York Convention
Section 27 – Amendment of Conveyancing (Scotland) Act 1924 (c.27)
Section 28 – Articles of Regulation 1695
Section 29 – Repeals
Section 30 – Arbitrability of disputes
Final provisions
Section 31 – Interpretation
Section 32 – Ancillary provision
Section 33 – Orders
Section 34 – Crown application
Section 35 – Commencement
Section 36 – Transitional provisions
Section 37 – Short title
Schedule 1 – Scottish Arbitration Rules
Part 1 – Commencement and constitution of tribunal etc.
Rule 1 – Commencement of arbitration
Rule 2 – Appointment of tribunal
Rule 3 – Arbitrator to be an individual
Rule 4 – Eligibility to act as arbitrator
Rule 5 – Number of arbitrators
Rule 6 – Method of appointment
Rule 7 – Failure of appointment procedure
Rule 8 – Duty to disclose any conflict of interests
Rule 9 – Arbitrator’s tenure
Rule 10 – Challenge to appointment of arbitrator
Rule 11 – Removal of arbitrator by parties
Rule 12 – Removal of arbitrator by court
Rule 13 – Dismissal of tribunal by court
Rule 14 – Removal and dismissal by court: supplementary
Rule 15 – Resignation of arbitrator
Rule 16 – Liability etc. of arbitrator when tenure ends
Rule 17 – Reconstitution of tribunal
Rule 18 – Arbitrators nominated in arbitration agreements
Part 2 – Jurisdiction of tribunal
Rule 19 – Power of tribunal to rule on own jurisdiction
Rule 20 – Objections to tribunal’s jurisdiction
Rule 21 – Appeal against tribunal’s ruling on jurisdictional objection
Rule 22 – Referral of point of jurisdiction
Rule 23 – Jurisdiction referral: procedure etc.
Part 3 – General duties
Rule 24 – General duty of the tribunal
Rule 25 – General duty of the parties
Rule 26 – Confidentiality
Rule 27 – Tribunal deliberations
Part 4 – Arbitral proceedings
Rule 28 – Procedure and evidence
Rule 29 – Place of arbitration
Rule 30 – Tribunal decisions
Rule 31 – Tribunal directions
Rule 32 – Power to appoint clerk, agents or employees etc.
Rule 33 – Party representatives
Rule 34 – Experts
Rule 35 – Powers relating to property
Rule 36 – Oaths or affirmations
Rule 37 – Failure to submit claim or defence timeously
Rule 38 – Failure to attend hearing or provide evidence
Rule 39 – Failure to comply with tribunal direction or arbitration agreement
Rule 40 – Consolidation of proceedings
Part 5 – Powers of court in relation to arbitral proceedings
Rule 41 – Referral of point of law
Rule 42 – Point of law referral: procedure etc.
Rule 43 – Variation of time limits set by parties
Rule 44 – Time limit variation: procedure etc.
Rule 45 – Court’s power to order attendance of witnesses and disclosure of evidence
Rule 46 – Court’s other powers in relation to arbitration
Part 6 – Awards
Rule 47 – Rules applicable to the substance of the dispute
Rule 48 – Power to award payment and damages
Rule 49 – Other remedies available to tribunal
Rule 50 – Interest
Rule 51 – Form of award
Rule 52 – Award treated as made in Scotland
Rule 53 – Provisional awards
Rule 54 – Part awards
Rule 55 – Draft awards
Rule 56 – Power to withhold award on non-payment of fees or expenses
Rule 57 – Arbitration to end on last award or early settlement
Rule 58 – Correcting an award
Part 7 – Arbitration expenses
Rule 59 – Arbitration expenses
Rule 60 – Arbitrators’ fees and expenses
Rule 61 – Recoverable arbitration expenses
Rule 62 – Liability for recoverable arbitration expenses
Rule 63 – Ban on pre-dispute agreements about liability for arbitration expenses
Rule 64 – Security for expenses
Rule 65 – Limitation of recoverable arbitration expenses
Rule 66 – Awards on recoverable arbitration expenses
Part 8 – Challenging awards
Rule 67 – Challenging an award: substantive jurisdiction
Rule 68 – Challenging an award: serious irregularity
Rule 69 – Challenging an award: legal error
Rule 70 – Legal error appeals: procedure etc.
Rule 71 – Challenging an award: supplementary
Rule 72 – Reconsideration by tribunal
Part 9 – Miscellaneous
Rule 73 – Immunity of tribunal etc.
Rule 74 – Immunity of appointing arbitral institution etc.
Rule 75 – Immunity of experts, witnesses and legal representatives
Rule 76 – Loss of right to object
Rule 77 – Independence of arbitrator
Rule 78 – Consideration where arbitrator judged not to be impartial and independent
Rule 79 – Death of arbitrator
Rule 80 – Death of party
Rule 81 – Unfair treatment
Rule 82 – Rules applicable to umpires
Rule 83 – Formal communications
Rule 84 – Periods of time
Index
Schedule 2 – Repeals
Arbitration (Scotland) Act 1894, Arbitration Acts 1950 and 1975
Administration of Justice (Scotland) Act 1972
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
Parliamentary Scrutiny