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Arbitration (Scotland) ACT 2010

Rule 34 – Experts Default

163.Rule 34 is a default rule, in the absence if agreement to the contrary, that an arbitrator has the power to instruct an expert (also known as a man of skill or an assessor) to provide an opinion on areas outwith the arbitrator’s knowledge to allow a decision in the case. Rule 34(2)(a) provides that the parties must be given a reasonable opportunity to comment on the expert’s written opinion. If the information is to be given in person, rule 34(2)(b) provides that it must be at a hearing at which the parties may ask the expert questions.

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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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