C4C6C3C5C8C9C7C11C1C2C10C12SCHEDULE 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 4Arbitral proceedings

Rule 39 Failure to comply with tribunal direction or arbitration agreement D

I139

1

Where a party fails to comply with—

a

any direction made by the tribunal, or

b

any obligation imposed by—

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,

the tribunal may order the party to so comply.

2

Where a party fails to comply with an order made under this rule, the tribunal may do any of the following—

a

direct that the party is not entitled to rely on any allegation or material which was the subject-matter of the order,

b

draw adverse inferences from the non-compliance,

c

proceed with the arbitration and make its award,

d

make such provisional award (including an award on expenses) as it considers appropriate in consequence of the non-compliance.