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Arbitration (Scotland) Act 2010, Cross Heading: Rule 78 Consideration where arbitrator judged not to be impartial and independent D is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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78(1)This rule applies where—S
(a)an arbitrator is removed by the Outer House under rule 12 on the ground that the arbitrator is not impartial and independent,
(b)the tribunal is dismissed by the Outer House under rule 13 on the ground that it has failed to comply with its duty to be impartial and independent, or
(c)the tribunal's award (or any part of it) is returned to the tribunal for reconsideration, or is set aside, on either of those grounds (see rule 68).
(2)Where this rule applies, the Outer House must have particular regard to whether an arbitrator has complied with rule 8 when it is considering whether to make an order under rule 16(1) or 68(4) about—
(a)the arbitrator's entitlement (if any) to fees or expenses,
(b)repaying fees or expenses already paid to the arbitrator.
Commencement Information
I1Sch. 1 rule 78 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)
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