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The Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 7th June 2010 the Arbitration (Scotland) Act 2010 (“the Act”) insofar as it applies to disputes submitted to arbitration under contractual arbitration agreements.

the Act is not commenced insofar as it applies to statutory arbitrations where enactments provide for disputes to be submitted to arbitration (except for the order-making power in section 17 which enables the Scottish Ministers to adapt statutory arbitration procedures).

Sections 2, 31 to 35 and 37 of the Act came into force on the date of Royal Assent on 5th January 2010.

The main transitional arrangements for the commencement of the Act are set out in section 36 of the Act. In particular, the Act does not apply to an arbitration which begins before 7th June 2010. Further transitional provision is made—

  • for continuity of court proceedings which begin before 7th June 2010 (article 3(a))

  • for statutory arbitration (article 3(b))

  • to preserve the old law in relation to contractual clauses which provide for equitable considerations to be relevant in relation to decisions on the merits of arbitration (article 4)

  • to exclude the effect of rule 1 of the Act for enactments which provide for when arbitration begins (article 5)

  • for the application of section 36(9) of the Act as a result of this Order (article 6)

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