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 9Miscellaneous

Rule 76 Loss of right to object M

I176

1

A party who participates in an arbitration without making a timeous objection on the ground—

a

that an arbitrator is ineligible to act as an arbitrator,

b

that an arbitrator is not impartial and independent,

c

that an arbitrator has not treated the parties fairly,

d

that the tribunal does not have jurisdiction,

e

that the arbitration has not been conducted 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,

f

that the arbitration has been affected by any other serious irregularity,

may not raise the objection later before the tribunal or the court.

2

An objection is timeous if it is made—

a

as soon as reasonably practicable after the circumstances giving rise to the ground for objection first arose,

b

by such later date as may be allowed by—

i

the arbitration agreement,

ii

these rules (in so far as they apply),

iii

the other party, or

c

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

3

This rule does not apply where the party shows that it did not object timeously because it—

a

did not know of the ground for objection, and

b

could not with reasonable diligence have discovered that ground.

4

This rule does not allow a party to raise an objection which it is barred from raising for any reason other than failure to object timeously.