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Arbitration (Scotland) ACT 2010

Terminology – “arbitrator”

13.In Scots common law there is a technical difference between the term “arbiter”, more commonly used, and the term “arbitrator”, where an arbiter decides in accordance with the law while an arbitrator can decide in terms of general equitable considerations (known as “ex aequo et bono”). The Act dispenses with this distinction and the term “arbitrator” is employed throughout the regime established by the Act following modern international arbitral practice.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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