Arbitration (Scotland) ACT 2010 Explanatory Notes

Rule 22 – Referral of point of jurisdiction Default

137.Rule 22 is a default rule which, unless the parties agree otherwise, allows a party to ask the Outer House to determine a point of jurisdiction. This recognises that there may be difficult issues of jurisdiction where the tribunal’s ruling is almost certain to be challenged where referral to the court would assist the parties and the tribunal.

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