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SCHEDULE 1SScottish Arbitration Rules

Modifications etc. (not altering text)

C1Sch. 1 excluded by 1962 c. 46, s. 74(6)(f) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(2))

C2Sch. 1 excluded by 1962 c. 46, Sch. 7 para. 17(5) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(4))

C7Sch. 1 excluded by 1977 c. 37, s. 130(8) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 5)

C8Sch. 1: power to exclude or restrict conferred by 2007 c. 15, Sch. 5 para. 14 (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 8)

C10Sch. 1 excluded by 1949 c. 87, s. 67(4) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 2)

C11Sch. 1 excluded by 1996 c. 17, s. 6(2) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7)

Part 1SCommencement and constitution of tribunal etc.

Rule 12 Removal of arbitrator by court MS

12SThe Outer House may remove an arbitrator if satisfied on the application by any party—

(a)that the arbitrator is not impartial and independent,

(b)that the arbitrator has not treated the parties fairly,

(c)that the arbitrator is incapable of acting as an arbitrator in the arbitration (or that there are justifiable doubts about the arbitrator's ability to so act),

(d)that the arbitrator does not have a qualification which the parties agreed (before the arbitrator's appointment) that the arbitrator must have,

(e)that substantial injustice has been or will be caused to that party because the arbitrator has failed to conduct the arbitration in accordance with—

(i)the arbitration agreement,

(ii)these rules (in so far as they apply), or

(iii)any other agreement by the parties relating to conduct of the arbitration.

Commencement Information

I1Sch. 1 rule 12 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)