SCHEDULE 1Scottish Arbitration Rules

Part 2Jurisdiction of tribunal

Rule 19 Power of tribunal to rule on own jurisdiction M

19The tribunal may rule on—

(a)whether there is a valid arbitration agreement (or, in the case of a statutory arbitration, whether the enactment providing for arbitration applies to the dispute),

(b)whether the tribunal is properly constituted, and

(c)what matters have been submitted to arbitration in accordance with the arbitration agreement.

Rule 20 Objections to tribunal’s jurisdiction M

20(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.

Rule 21 Appeal against tribunal’s ruling on jurisdictional objection M

21(1)A party may, no later than 14 days after the tribunal’s decision on an objection under rule 20, appeal to the Outer House against the decision.

(2)The tribunal may continue with the arbitration pending determination of the appeal.

(3)The Outer House’s decision on the appeal is final.

Rule 22 Referral of point of jurisdiction D

22The Outer House may, on an application by any party, determine any question as to the tribunal’s jurisdiction.

Rule 23 Jurisdiction referral: procedure etc. M

23(1)This rule applies only where an application is made under rule 22.

(2)Such an application is valid only if—

(a)the parties have agreed that it may be made, or

(b)the tribunal has consented to it being made and the court is satisfied—

(i)that determining the question is likely to produce substantial savings in expenses,

(ii)that the application was made without delay, and

(iii)that there is a good reason why the question should be determined by the court.

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

(4)The Outer House’s determination of the question is final (as is any decision by the Outer House as to whether an application is valid).