Arbitration (Scotland) ACT 2010 Explanatory Notes

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

263.The UNCITRAL (United Nations Commission on International Trade Law) Model Law provisions contained in section 66 of, and Schedule 7 to, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 are repealed. Parties can still use their arbitration agreements to adopt the Model Law as the basis for their arbitration in preference to the default Scottish Arbitration Rules in the Act which should fill some gaps in the Model Law such as the lack of powers to award damages and interest. However that is subject to the mandatory Scottish Arbitration Rules in schedule 1 to the Act. Subject to those restrictions, parties can also adopt the adaptation of the Model Law in the 1990 Act even though it has been repealed.

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