The Arbitral Appointments Referee (Scotland) Order 2010

Scottish Statutory Instruments

2010 No. 196

Arbitration

The Arbitral Appointments Referee (Scotland) Order 2010

Made

13th May 2010

Laid before the Scottish Parliament

14th May 2010

Coming into force

7th June 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by section 24 of the Arbitration (Scotland) Act 2010(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Arbitral Appointments Referee (Scotland) Order 2010 and comes into force on 7th June 2010.

Arbitral appointments referees

2.  Each of the persons listed in the Schedule to this Order is authorised to act as an arbitral appointments referee, for the purposes of the Scottish Arbitration Rules as set out in schedule 1 to the Arbitration (Scotland) Act 2010.

JIM MATHER

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th May 2010

Article 2

SCHEDULE THOSE AUTHORISED TO ACT AS ARBITRAL APPOINTMENTS REFEREES

• Agricultural Industries Confederation Limited(2)

• Chartered Institute of Arbitrators

• Dean of the Faculty of Advocates

• Institution of Civil Engineers

• Law Society of Scotland

• Royal Incorporation of Architects in Scotland

• Royal Institution of Chartered Surveyors

• Scottish Agricultural Arbiters and Valuers Association(3)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, authorises eight persons to act as arbitral appointments referees for the purposes of the Scottish Arbitration Rules set out in schedule 1 to the Arbitration (Scotland) Act 2010.

Under rule 7 of the Scottish Arbitration Rules an arbitral appointments referee can, on the application of one of the parties, appoint an arbitrator where it is not possible to appoint a tribunal or arbitrator in accordance with the parties’ arbitration agreement, or any other agreement between the parties, or in cases of failure or refusal to make an appointment under rule 6 of the Scottish Arbitration Rules (method of appointment).

(1)

2010 asp 1.

(2)

Registered with Company Number 00316783.

(3)

The Scottish Agricultural Arbiters and Valuers Association was established by constitution of March 1925.