Introductory

C4C2C7C9C10C5C3C11C1C8C6I13Seat of arbitration

1

An arbitration is “seated in Scotland” if—

a

Scotland is designated as the juridical seat of the arbitration—

i

by the parties,

ii

by any third party to whom the parties give power to so designate, or

iii

where the parties fail to designate or so authorise a third party, by the tribunal, or

b

in the absence of any such designation, the court determines that Scotland is to be the juridical seat of the arbitration.

2

The fact that an arbitration is seated in Scotland does not affect the substantive law to be used to decide the dispute.