(This note is not part of the Order)
This Order specifies 1st January 2017 as the date on which section 36(3) of the Arbitration (Scotland) Act 2010 (“the Act”) ceases to have effect.
Section 36(3) of the Act is a transitional provision which prevents the Act from applying to an arbitration arising under an arbitration agreement made before the commencement of the Act if the parties agree that the Act is not to apply to that arbitration. The date of 1st January 2017, which is specified in article 2, falls more than 5 years after the commencement of section 36 of the Act (as required by section 36(4)).
Article 3 makes transitional provision for arbitrations begun prior to 1st January 2017.