Arbitration (Scotland) Act 2010Introductory1Founding principles2Key terms3Seat of arbitrationArbitration agreements4Arbitration agreement5Separability6Law governing arbitration agreementScottish Arbitration Rules7Scottish Arbitration Rules8Mandatory rules9Default rulesSuspension of legal proceedings10Suspension of legal proceedingsEnforcing and challenging arbitral awards etc.11Arbitral award to be final and binding on parties12Enforcement of arbitral awards13Court intervention in arbitrations14Persons who take no part in arbitral proceedings15Anonymity in legal proceedingsStatutory arbitration16Statutory arbitration: special provisions17Power to adapt enactments providing for statutory arbitrationRecognition and enforcement of New York Convention awards18New York Convention awards19Recognition and enforcement of New York Convention awards20Refusal of recognition or enforcement21Evidence to be produced when seeking recognition or enforcement22Saving for other bases of recognition or enforcementSupplementary23Prescription and limitation24Arbitral appointments referee25Power of judge to act as arbitrator or umpire26Amendments to UNCITRAL Model Law or Rules or New York Convention27Amendment of Conveyancing (Scotland) Act 1924 (c. 27)28Articles of Regulation 169529Repeals30Arbitrability of disputesFinal provisions31Interpretation32Ancillary provision33Orders34Crown application35Commencement36Transitional provisions37Short titleSCHEDULE 1Scottish Arbitration RulesMandatory rules are marked “M”. Default rules are marked “D”. Part 1Commencement and constitution of tribunal etc.Rule 1 Commencement of arbitration D1An arbitration begins when a party to an arbitration agreement...Rule 2 Appointment of tribunal D2An arbitration agreement need not appoint (or provide for appointment...Rule 3 Arbitrator to be an individual M3Only an individual may act as an arbitrator. Rule 4 Eligibility to act as arbitrator M4An individual is ineligible to act as an arbitrator if...Rule 5 Number of arbitrators D5Where there is no agreement as to the number of...Rule 6 Method of appointment D6The tribunal is to be appointed as follows— Rule 7 Failure of appointment procedure M7(1) This rule applies where a tribunal (or any arbitrator...Rule 8 Duty to disclose any conflict of interests M8(1) This rule applies to— (a) arbitrators, and Rule 9 Arbitrator's tenure D9An arbitrator's tenure ends if— (a) the arbitrator becomes ineligible...Rule 10 Challenge to appointment of arbitrator D10(1) A party may object to the tribunal about the...Rule 11 Removal of arbitrator by parties D11(1) An arbitrator may be removed— (a) by the parties...Rule 12 Removal of arbitrator by court M12The Outer House may remove an arbitrator if satisfied on...Rule 13 Dismissal of tribunal by court M13The Outer House may dismiss the tribunal if satisfied on...Rule 14 Removal and dismissal by court: supplementary M14(1) The Outer House may remove an arbitrator, or dismiss...Rule 15 Resignation of arbitrator M15(1) An arbitrator may resign (by giving notice of resignation...Rule 16 Liability etc. of arbitrator when tenure ends M16(1) Where an arbitrator's tenure ends, the Outer House may,...Rule 17 Reconstitution of tribunal D17(1) Where an arbitrator's tenure ends, the tribunal must be...Rule 18 Arbitrators nominated in arbitration agreements D18Any provision in an arbitration agreement which specifies who is...Part 2Jurisdiction of tribunalRule 19 Power of tribunal to rule on own jurisdiction M19The tribunal may rule on— (a) whether there is a...Rule 20 Objections to tribunal's jurisdiction M20(1) Any party may object to the tribunal on the...Rule 21 Appeal against tribunal's ruling on jurisdictional objection M21(1) A party may, no later than 14 days after...Rule 22 Referral of point of jurisdiction D22The Outer House may, on an application by any party,...Rule 23 Jurisdiction referral: procedure etc. M23(1) This rule applies only where an application is made...Part 3General dutiesRule 24 General duty of the tribunal M24(1) The tribunal must— (a) be impartial and independent, Rule 25 General duty of the parties M25The parties must ensure that the arbitration is conducted— Rule 26 Confidentiality D26(1) Disclosure by the tribunal, any arbitrator or a party...Rule 27 Tribunal deliberations D27(1) The tribunal's deliberations may be undertaken in private and...Part 4Arbitral proceedingsRule 28 Procedure and evidence D28(1) It is for the tribunal to determine— Rule 29 Place of arbitration D29The tribunal may meet, and otherwise conduct the arbitration, anywhere...Rule 30 Tribunal decisions D30(1) Where the tribunal is unable to make a decision...Rule 31 Tribunal directions D31(1) The tribunal may give such directions to the parties...Rule 32 Power to appoint clerk, agents or employees etc. D32(1) The tribunal may appoint a clerk (and such other...Rule 33 Party representatives D33(1) A party may be represented in the arbitration by...Rule 34 Experts D34(1) The tribunal may obtain an expert opinion on any...Rule 35 Powers relating to property D35The tribunal may direct a party— (a) to allow the...Rule 36 Oaths or affirmations D36The tribunal may— (a) direct that a party or witness...Rule 37 Failure to submit claim or defence timeously D37(1) Where— (a) a party unnecessarily delays in submitting or...Rule 38 Failure to attend hearing or provide evidence D38Where— (a) a party fails— (i) to attend a hearing...Rule 39 Failure to comply with tribunal direction or arbitration agreement D39(1) Where a party fails to comply with— Rule 40 Consolidation of proceedings D40(1) Parties may agree— (a) to consolidate the arbitration with...Part 5Powers of court in relation to arbitral proceedingsRule 41 Referral of point of law D41The Outer House may, on an application by any party,...Rule 42 Point of law referral: procedure etc. M42(1) This rule applies only where an application is made...Rule 43 Variation of time limits set by parties D43The court may, on an application by the tribunal or...Rule 44 Time limit variation: procedure etc. M44(1) This rule applies only where an application for variation...Rule 45 Court's power to order attendance of witnesses and disclosure of evidence M45(1) The court may, on an application by the tribunal...Rule 46 Court's other powers in relation to arbitration D46(1) The court has the same power in an arbitration...Part 6AwardsRule 47 Rules applicable to the substance of the dispute D47(1) The tribunal must decide the dispute in accordance with—...Rule 48 Power to award payment and damages M48(1) The tribunal's award may order the payment of a...Rule 49 Other remedies available to tribunal D49The tribunal's award may— (a) be of a declaratory nature,...Rule 50 Interest M50(1) The tribunal's award may order that interest is to...Rule 51 Form of award D51(1) The tribunal's award must be signed by all arbitrators...Rule 52 Award treated as made in Scotland D52An award is to be treated as having been made...Rule 53 Provisional awards D53The tribunal may make a provisional award granting any relief...Rule 54 Part awards M54(1) The tribunal may make more than one award at...Rule 55 Draft awards D55Before making an award, the tribunal— (a) may send a...Rule 56 Power to withhold award on non-payment of fees or expenses M56(1) The tribunal may refuse to deliver or send its...Rule 57 Arbitration to end on last award or early settlement D57(1) An arbitration ends when the last award to be...Rule 58 Correcting an award D58(1) The tribunal may correct an award so as to—...Part 7Arbitration expensesRule 59 Arbitration expenses D59“Arbitration expenses” means— (a) the arbitrators' fees and expenses for...Rule 60 Arbitrators' fees and expenses M60(1) The parties are severally liable to pay to the...Rule 61 Recoverable arbitration expenses D61(1) The following arbitration expenses are recoverable— Rule 62 Liability for recoverable arbitration expenses D62(1) The tribunal may make an award allocating the parties'...Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M63Any agreement allocating the parties' liability between themselves for any...Rule 64 Security for expenses D64(1) The tribunal may— (a) order a party making a...Rule 65 Limitation of recoverable arbitration expenses D65(1) A provisional or part award may cap a party's...Rule 66 Awards on recoverable arbitration expenses D66An expenses award (under rule 62 or 65) may be...Part 8Challenging awardsRule 67 Challenging an award: substantive jurisdiction M67(1) A party may appeal to the Outer House against...Rule 68 Challenging an award: serious irregularity M68(1) A party may appeal to the Outer House against...Rule 69 Challenging an award: legal error D69(1) A party may appeal to the Outer House against...Rule 70 Legal error appeals: procedure etc. M70(1) This rule applies only where rule 69 applies. Rule 71 Challenging an award: supplementary M71(1) This rule applies to— (a) jurisdictional appeals, Rule 72 Reconsideration by tribunal M72(1) Where the Outer House or, as the case may...Part 9MiscellaneousRule 73 Immunity of tribunal etc. M73(1) Neither the tribunal nor any arbitrator is liable for...Rule 74 Immunity of appointing arbitral institution etc. M74(1) An arbitral appointments referee, or other third party who...Rule 75 Immunity of experts, witnesses and legal representatives M75Every person who participates in an arbitration as an expert,...Rule 76 Loss of right to object M76(1) A party who participates in an arbitration without making...Rule 77 Independence of arbitrator M77For the purposes of these rules, an arbitrator is not...Rule 78 Consideration where arbitrator judged not to be impartial and independent D78(1) This rule applies where— (a) an arbitrator is removed...Rule 79 Death of arbitrator M79An arbitrator's authority is personal and ceases on death. Rule 80 Death of party D80(1) An arbitration agreement is not discharged by the death...Rule 81 Unfair treatment D81A tribunal (or arbitrator) who treats any party unfairly is,...Rule 82 Rules applicable to umpires M82(1) The following rules apply in relation to an umpire...Rule 83 Formal communications D83(1) A “formal communication” means any application, award, consent, direction,...Rule 84 Periods of time D84Periods of time are to be calculated for the purposes...IndexThe words and other expressions listed in the following index...SCHEDULE 2RepealsArbitration (Scotland) Act 20102010 asp 1The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th November 2009 and received Royal Assent on 5th January 2010An Act of the Scottish Parliament to make provision about arbitration.
