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SCHEDULE 1Scottish Arbitration Rules

Part 5Powers of court in relation to arbitral proceedings

Rule 45 Court’s power to order attendance of witnesses and disclosure of evidence M

45(1)The court may, on an application by the tribunal or any party, order any person—

(a)to attend a hearing for the purposes of giving evidence to the tribunal, or

(b)to disclose documents or other material evidence to the tribunal.

(2)But the court may not order a person to give any evidence, or to disclose anything, which the person would be entitled to refuse to give or disclose in civil proceedings.

(3)The tribunal may continue with the arbitration pending determination of an application.

(4)The court’s decision on whether to make an order is final.