C4C6C3C5C8C9C7C11C1C2C10SCHEDULE 1Scottish Arbitration Rules

Annotations:
Modifications etc. (not altering text)
C4

Sch. 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))

C6

Sch. 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))

C7

Sch. 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)

C11

Sch. 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)

C2

Sch. 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)

C10

Sch. 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 2Jurisdiction of tribunal

Rule 20 Objections to tribunal's jurisdiction M

I120

1

Any party may object to the tribunal on the ground that the tribunal does not have, or has exceeded, its jurisdiction in relation to any matter.

2

An objection must be made—

a

before, or as soon as is reasonably practicable after, the matter to which the objection relates is first raised in the arbitration, or

b

where the tribunal considers that circumstances justify a later objection, by such later time as it may allow,

but, in any case, an objection may not be made after the tribunal makes its last award.

3

If the tribunal upholds an objection it must—

a

end the arbitration in so far as it relates to a matter over which the tribunal has ruled it does not have jurisdiction, and

b

set aside any provisional or part award already made in so far as the award relates to such a matter.

4

The tribunal may—

a

rule on an objection independently from dealing with the subject-matter of the dispute, or

b

delay ruling on an objection until it makes its award on the merits of the dispute (and include its ruling in that award),

but, where the parties agree which of these courses the tribunal should take, the tribunal must proceed accordingly.