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Arbitration (Scotland) ACT 2010

Final provisions

Section 35 – Commencement

95.Section 35 provides for bringing the operative provisions of the Act into force by order.

96.The Act was brought into force for non-statutory arbitrations on 7th June 2010 by the Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010 (S.S.I. 2010/195). That Order makes transitional provision, in addition to section 36,—

  • excluding the Act from applying to court proceedings begun before 7th June 2010 in relation to arbitration;

  • preserving the old law in relation to contractual clauses which provide for equitable considerations to be relevant in relation to decisions on the merits of arbitration;

  • excluding the effect of rule 1 of the Scottish Arbitration Rules for enactments which provide for when arbitration begins; and

  • to make clear that for non-statutory arbitrations, in applying the transitional provisions in section 36, “commencement” is taken to be 7 June 2010.

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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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