Arbitration (Scotland) ACT 2010 Explanatory Notes

1. Introduction

2. Background

3. The Act

   1. Terminology – “arbitrator”

   2. Statutory arbitrations

   3. Consumer arbitrations

   4. Commencement and implementation

4. Commentary on Sections

   1. Introductory

      1. Section 1 – Founding principles

      2. Section 2 – Key terms

      3. Section 3 – Seat of arbitration

   2. Arbitration agreements

      1. Section 4 – Arbitration agreement

      2. Section 5 – Separability

      3. Section 6 – Law governing arbitration agreement

   3. Scottish Arbitration Rules

      1. Section 7 – Scottish Arbitration Rules

      2. Section 8 – Mandatory rules

      3. Section 9 – Default rules

   4. Suspension of legal proceedings

      1. Section 10 – Suspension of legal proceedings

   5. Enforcing and challenging arbitral awards etc.

      1. Section 11 – Arbitral award to be final and binding on parties

      2. Section 12 – Enforcement of arbitral awards

      3. Section 13 – Court intervention in arbitrations

      4. Section 14 – Persons who take no part in arbitral proceedings

      5. Section 15 – Anonymity in legal proceedings

   6. Statutory arbitration

      1. Section 16 – Statutory arbitration: special provisions

      2. Section 17 – Power to adapt enactments providing for statutory arbitration

   7. Recognition and enforcement of New York Convention awards

      1. Section 18 – New York Convention awards

      2. Section 19 – Recognition and enforcement of New York Convention awards

      3. Section 20 – Refusal of recognition or enforcement

      4. Section 21 – Evidence to be produced when seeking recognition or enforcement

      5. Section 22 – Saving for other bases of recognition or enforcement

   8. Supplementary

      1. Section 23 – Prescription and limitation

      2. Section 24 – Arbitral appointments referee

      3. Section 25 – Power of judge to act as arbitrator or umpire

      4. Section 26 – Amendments to UNCITRAL Model Law or Rules or New York Convention

      5. Section 27 – Amendment of Conveyancing (Scotland) Act 1924 (c.27)

      6. Section 28 – Articles of Regulation 1695

      7. Section 29 – Repeals

      8. Section 30 – Arbitrability of disputes

   9. Final provisions

      1. Section 31 – Interpretation

      2. Section 32 – Ancillary provision

      3. Section 33 – Orders

      4. Section 34 – Crown application

      5. Section 35 – Commencement

      6. Section 36 – Transitional provisions

      7. Section 37 – Short title

      8. Schedule 1 – Scottish Arbitration Rules

         1. Part 1 – Commencement and constitution of tribunal etc.

            1. Rule 1 – Commencement of arbitration

            2. Rule 2 – Appointment of tribunal

            3. Rule 3 – Arbitrator to be an individual

            4. Rule 4 – Eligibility to act as arbitrator

            5. Rule 5 – Number of arbitrators

            6. Rule 6 – Method of appointment

            7. Rule 7 – Failure of appointment procedure

            8. Rule 8 – Duty to disclose any conflict of interests

            9. Rule 9 – Arbitrator’s tenure

            10. Rule 10 – Challenge to appointment of arbitrator

            11. Rule 11 – Removal of arbitrator by parties

            12. Rule 12 – Removal of arbitrator by court

            13. Rule 13 – Dismissal of tribunal by court

            14. Rule 14 – Removal and dismissal by court: supplementary

            15. Rule 15 – Resignation of arbitrator

            16. Rule 16 – Liability etc. of arbitrator when tenure ends

            17. Rule 17 – Reconstitution of tribunal

            18. Rule 18 – Arbitrators nominated in arbitration agreements

         2. Part 2 – Jurisdiction of tribunal

            1. Rule 19 – Power of tribunal to rule on own jurisdiction

            2. Rule 20 – Objections to tribunal’s jurisdiction

            3. Rule 21 – Appeal against tribunal’s ruling on jurisdictional objection

            4. Rule 22 – Referral of point of jurisdiction

            5. Rule 23 – Jurisdiction referral: procedure etc.

         3. Part 3 – General duties

            1. Rule 24 – General duty of the tribunal

            2. Rule 25 – General duty of the parties

            3. Rule 26 – Confidentiality

            4. Rule 27 – Tribunal deliberations

         4. Part 4 – Arbitral proceedings

            1. Rule 28 – Procedure and evidence

            2. Rule 29 – Place of arbitration

            3. Rule 30 – Tribunal decisions

            4. Rule 31 – Tribunal directions

            5. Rule 32 – Power to appoint clerk, agents or employees etc.

            6. Rule 33 – Party representatives

            7. Rule 34 – Experts

            8. Rule 35 – Powers relating to property

            9. Rule 36 – Oaths or affirmations

            10. Rule 37 – Failure to submit claim or defence timeously

            11. Rule 38 – Failure to attend hearing or provide evidence

            12. Rule 39 – Failure to comply with tribunal direction or arbitration agreement

            13. Rule 40 – Consolidation of proceedings

         5. Part 5 – Powers of court in relation to arbitral proceedings

            1. Rule 41 – Referral of point of law

            2. Rule 42 – Point of law referral: procedure etc.

            3. Rule 43 – Variation of time limits set by parties

            4. Rule 44 – Time limit variation: procedure etc.

            5. Rule 45 – Court’s power to order attendance of witnesses and disclosure of evidence

            6. Rule 46 – Court’s other powers in relation to arbitration

         6. Part 6 – Awards

            1. Rule 47 – Rules applicable to the substance of the dispute

            2. Rule 48 – Power to award payment and damages

            3. Rule 49 – Other remedies available to tribunal

            4. Rule 50 – Interest

            5. Rule 51 – Form of award

            6. Rule 52 – Award treated as made in Scotland

            7. Rule 53 – Provisional awards

            8. Rule 54 – Part awards

            9. Rule 55 – Draft awards

            10. Rule 56 – Power to withhold award on non-payment of fees or expenses

            11. Rule 57 – Arbitration to end on last award or early settlement

            12. Rule 58 – Correcting an award

         7. Part 7 – Arbitration expenses

            1. Rule 59 – Arbitration expenses

            2. Rule 60 – Arbitrators’ fees and expenses

            3. Rule 61 – Recoverable arbitration expenses

            4. Rule 62 – Liability for recoverable arbitration expenses

            5. Rule 63 – Ban on pre-dispute agreements about liability for arbitration expenses

            6. Rule 64 – Security for expenses

            7. Rule 65 – Limitation of recoverable arbitration expenses

            8. Rule 66 – Awards on recoverable arbitration expenses

         8. Part 8 – Challenging awards

            1. Rule 67 – Challenging an award: substantive jurisdiction

            2. Rule 68 – Challenging an award: serious irregularity

            3. Rule 69 – Challenging an award: legal error

            4. Rule 70 – Legal error appeals: procedure etc.

            5. Rule 71 – Challenging an award: supplementary

            6. Rule 72 – Reconsideration by tribunal

         9. Part 9 – Miscellaneous

            1. Rule 73 – Immunity of tribunal etc.

            2. Rule 74 – Immunity of appointing arbitral institution etc.

            3. Rule 75 – Immunity of experts, witnesses and legal representatives

            4. Rule 76 – Loss of right to object

            5. Rule 77 – Independence of arbitrator

            6. Rule 78 – Consideration where arbitrator judged not to be impartial and independent

            7. Rule 79 – Death of arbitrator

            8. Rule 80 – Death of party

            9. Rule 81 – Unfair treatment

            10. Rule 82 – Rules applicable to umpires

            11. Rule 83 – Formal communications

            12. Rule 84 – Periods of time

   10. Index

       1. Schedule 2 – Repeals

          1. Arbitration (Scotland) Act 1894, Arbitration Acts 1950 and 1975

          2. Administration of Justice (Scotland) Act 1972

          3. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

          4. Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

5. Parliamentary Scrutiny