The ACAS Arbitration Scheme (Great Britain) Order 2004

Court determination of preliminary points: Scottish arbitrations

111S.  The arbitrator may make a reference to the Court of Session for determination as a preliminary point—

(i) of any question of EC law,

(ii) of any question concerning the application of the Human Rights Act 1998, or

(iii) of any devolution issue

which substantially affects the rights of one or more of the parties to the arbitration.

112S.  The arbitrator shall not make a reference under paragraph 111S unless:

(i) both parties have applied for or have agreed to the making of the reference; or

(ii) if an application for the reference has been made by one party and opposed by the other party, the arbitrator is satisfied that the application has been made without delay.