Arbitration (Scotland) Act 2010

1. Introductory Text

2. Introductory

   1. 1. Founding principles

   2. 2. Key terms

   3. 3. Seat of arbitration

3. Arbitration agreements

   1. 4. Arbitration agreement

   2. 5. Separability

   3. 6. Law governing arbitration agreement

4. Scottish Arbitration Rules

   1. 7. Scottish Arbitration Rules

   2. 8. Mandatory rules

   3. 9. Default rules

5. Suspension of legal proceedings

   1. 10. Suspension of legal proceedings

6. Enforcing and challenging arbitral awards etc.

   1. 11. Arbitral award to be final and binding on parties

   2. 12. Enforcement of arbitral awards

   3. 13. Court intervention in arbitrations

   4. 14. Persons who take no part in arbitral proceedings

   5. 15. Anonymity in legal proceedings

7. Statutory arbitration

   1. 16. Statutory arbitration: special provisions

   2. 17. Power to adapt enactments providing for statutory arbitration

8. Recognition and enforcement of New York Convention awards

   1. 18. New York Convention awards

   2. 19. Recognition and enforcement of New York Convention awards

   3. 20. Refusal of recognition or enforcement

   4. 21. Evidence to be produced when seeking recognition or enforcement

   5. 22. Saving for other bases of recognition or enforcement

9. Supplementary

   1. 23. Prescription and limitation

   2. 24. Arbitral appointments referee

   3. 25. Power of judge to act as arbitrator or umpire

   4. 26. Amendments to UNCITRAL Model Law or Rules or New York Convention

   5. 27. Amendment of Conveyancing (Scotland) Act 1924 (c. 27)

   6. 28. Articles of Regulation 1695

   7. 29. Repeals

   8. 30. Arbitrability of disputes

10. Final provisions

    1. 31. Interpretation

    2. 32. Ancillary provision

    3. 33. Orders

    4. 34. Crown application

    5. 35. Commencement

    6. 36. Transitional provisions

    7. 37. Short title

11. 1. SCHEDULE 1

       Scottish Arbitration Rules

       1. Mandatory rules are marked “M”.

       2. Default rules are marked “D”.

       3. Part 1 Commencement and constitution of tribunal etc.

          1. Rule 1 Commencement of arbitration D

             1. 1. An arbitration begins when a party to an arbitration agreement...

          2. Rule 2 Appointment of tribunal D

             1. 2. An arbitration agreement need not appoint (or provide for appointment...

          3. Rule 3 Arbitrator to be an individual M

             1. 3. Only an individual may act as an arbitrator.

          4. Rule 4 Eligibility to act as arbitrator M

             1. 4. An individual is ineligible to act as an arbitrator if...

          5. Rule 5 Number of arbitrators D

             1. 5. Where there is no agreement as to the number of...

          6. Rule 6 Method of appointment D

             1. 6. The tribunal is to be appointed as follows—

          7. Rule 7 Failure of appointment procedure M

             1. 7. (1) This rule applies where a tribunal (or any arbitrator...

          8. Rule 8 Duty to disclose any conflict of interests M

             1. 8. (1) This rule applies to— (a) arbitrators, and

          9. Rule 9 Arbitrator's tenure D

             1. 9. An arbitrator's tenure ends if— (a) the arbitrator becomes ineligible...

          10. Rule 10 Challenge to appointment of arbitrator D

              1. 10. (1) A party may object to the tribunal about the...

          11. Rule 11 Removal of arbitrator by parties D

              1. 11. (1) An arbitrator may be removed— (a) by the parties...

          12. Rule 12 Removal of arbitrator by court M

              1. 12. The Outer House may remove an arbitrator if satisfied on...

          13. Rule 13 Dismissal of tribunal by court M

              1. 13. The Outer House may dismiss the tribunal if satisfied on...

          14. Rule 14 Removal and dismissal by court: supplementary M

              1. 14. (1) The Outer House may remove an arbitrator, or dismiss...

          15. Rule 15 Resignation of arbitrator M

              1. 15. (1) An arbitrator may resign (by giving notice of resignation...

          16. Rule 16 Liability etc. of arbitrator when tenure ends M

              1. 16. (1) Where an arbitrator's tenure ends, the Outer House may,...

          17. Rule 17 Reconstitution of tribunal D

              1. 17. (1) Where an arbitrator's tenure ends, the tribunal must be...

          18. Rule 18 Arbitrators nominated in arbitration agreements D

              1. 18. Any provision in an arbitration agreement which specifies who is...

       4. Part 2 Jurisdiction of tribunal

          1. Rule 19 Power of tribunal to rule on own jurisdiction M

             1. 19. The tribunal may rule on— (a) whether there is a...

          2. Rule 20 Objections to tribunal's jurisdiction M

             1. 20. (1) Any party may object to the tribunal on the...

          3. Rule 21 Appeal against tribunal's ruling on jurisdictional objection M

             1. 21. (1) A party may, no later than 14 days after...

          4. Rule 22 Referral of point of jurisdiction D

             1. 22. The Outer House may, on an application by any party,...

          5. Rule 23 Jurisdiction referral: procedure etc. M

             1. 23. (1) This rule applies only where an application is made...

       5. Part 3 General duties

          1. Rule 24 General duty of the tribunal M

             1. 24. (1) The tribunal must— (a) be impartial and independent,

          2. Rule 25 General duty of the parties M

             1. 25. The parties must ensure that the arbitration is conducted—

          3. Rule 26 Confidentiality D

             1. 26. (1) Disclosure by the tribunal, any arbitrator or a party...

          4. Rule 27 Tribunal deliberations D

             1. 27. (1) The tribunal's deliberations may be undertaken in private and...

       6. Part 4 Arbitral proceedings

          1. Rule 28 Procedure and evidence D

             1. 28. (1) It is for the tribunal to determine—

          2. Rule 29 Place of arbitration D

             1. 29. The tribunal may meet, and otherwise conduct the arbitration, anywhere...

          3. Rule 30 Tribunal decisions D

             1. 30. (1) Where the tribunal is unable to make a decision...

          4. Rule 31 Tribunal directions D

             1. 31. (1) The tribunal may give such directions to the parties...

          5. Rule 32 Power to appoint clerk, agents or employees etc. D

             1. 32. (1) The tribunal may appoint a clerk (and such other...

          6. Rule 33 Party representatives D

             1. 33. (1) A party may be represented in the arbitration by...

          7. Rule 34 Experts D

             1. 34. (1) The tribunal may obtain an expert opinion on any...

          8. Rule 35 Powers relating to property D

             1. 35. The tribunal may direct a party— (a) to allow the...

          9. Rule 36 Oaths or affirmations D

             1. 36. The tribunal may— (a) direct that a party or witness...

          10. Rule 37 Failure to submit claim or defence timeously D

              1. 37. (1) Where— (a) a party unnecessarily delays in submitting or...

          11. Rule 38 Failure to attend hearing or provide evidence D

              1. 38. Where— (a) a party fails— (i) to attend a hearing...

          12. Rule 39 Failure to comply with tribunal direction or arbitration agreement D

              1. 39. (1) Where a party fails to comply with—

          13. Rule 40 Consolidation of proceedings D

              1. 40. (1) Parties may agree— (a) to consolidate the arbitration with...

       7. Part 5 Powers of court in relation to arbitral proceedings

          1. Rule 41 Referral of point of law D

             1. 41. The Outer House may, on an application by any party,...

          2. Rule 42 Point of law referral: procedure etc. M

             1. 42. (1) This rule applies only where an application is made...

          3. Rule 43 Variation of time limits set by parties D

             1. 43. The court may, on an application by the tribunal or...

          4. Rule 44 Time limit variation: procedure etc. M

             1. 44. (1) This rule applies only where an application for variation...

          5. Rule 45 Court's power to order attendance of witnesses and disclosure of evidence M

             1. 45. (1) The court may, on an application by the tribunal...

          6. Rule 46 Court's other powers in relation to arbitration D

             1. 46. (1) The court has the same power in an arbitration...

       8. Part 6 Awards

          1. Rule 47 Rules applicable to the substance of the dispute D

             1. 47. (1) The tribunal must decide the dispute in accordance with—...

          2. Rule 48 Power to award payment and damages M

             1. 48. (1) The tribunal's award may order the payment of a...

          3. Rule 49 Other remedies available to tribunal D

             1. 49. The tribunal's award may— (a) be of a declaratory nature,...

          4. Rule 50 Interest M

             1. 50. (1) The tribunal's award may order that interest is to...

          5. Rule 51 Form of award D

             1. 51. (1) The tribunal's award must be signed by all arbitrators...

          6. Rule 52 Award treated as made in Scotland D

             1. 52. An award is to be treated as having been made...

          7. Rule 53 Provisional awards D

             1. 53. The tribunal may make a provisional award granting any relief...

          8. Rule 54 Part awards M

             1. 54. (1) The tribunal may make more than one award at...

          9. Rule 55 Draft awards D

             1. 55. Before making an award, the tribunal— (a) may send a...

          10. Rule 56 Power to withhold award on non-payment of fees or expenses M

              1. 56. (1) The tribunal may refuse to deliver or send its...

          11. Rule 57 Arbitration to end on last award or early settlement D

              1. 57. (1) An arbitration ends when the last award to be...

          12. Rule 58 Correcting an award D

              1. 58. (1) The tribunal may correct an award so as to—...

       9. Part 7 Arbitration expenses

          1. Rule 59 Arbitration expenses D

             1. 59. “Arbitration expenses” means— (a) the arbitrators' fees and expenses for...

          2. Rule 60 Arbitrators' fees and expenses M

             1. 60. (1) The parties are severally liable to pay to the...

          3. Rule 61 Recoverable arbitration expenses D

             1. 61. (1) The following arbitration expenses are recoverable—

          4. Rule 62 Liability for recoverable arbitration expenses D

             1. 62. (1) The tribunal may make an award allocating the parties'...

          5. Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M

             1. 63. Any agreement allocating the parties' liability between themselves for any...

          6. Rule 64 Security for expenses D

             1. 64. (1) The tribunal may— (a) order a party making a...

          7. Rule 65 Limitation of recoverable arbitration expenses D

             1. 65. (1) A provisional or part award may cap a party's...

          8. Rule 66 Awards on recoverable arbitration expenses D

             1. 66. An expenses award (under rule 62 or 65) may be...

       10. Part 8 Challenging awards

           1. Rule 67 Challenging an award: substantive jurisdiction M

              1. 67. (1) A party may appeal to the Outer House against...

           2. Rule 68 Challenging an award: serious irregularity M

              1. 68. (1) A party may appeal to the Outer House against...

           3. Rule 69 Challenging an award: legal error D

              1. 69. (1) A party may appeal to the Outer House against...

           4. Rule 70 Legal error appeals: procedure etc. M

              1. 70. (1) This rule applies only where rule 69 applies.

           5. Rule 71 Challenging an award: supplementary M

              1. 71. (1) This rule applies to— (a) jurisdictional appeals,

           6. Rule 72 Reconsideration by tribunal M

              1. 72. (1) Where the Outer House or, as the case may...

       11. Part 9 Miscellaneous

           1. Rule 73 Immunity of tribunal etc. M

              1. 73. (1) Neither the tribunal nor any arbitrator is liable for...

           2. Rule 74 Immunity of appointing arbitral institution etc. M

              1. 74. (1) An arbitral appointments referee, or other third party who...

           3. Rule 75 Immunity of experts, witnesses and legal representatives M

              1. 75. Every person who participates in an arbitration as an expert,...

           4. Rule 76 Loss of right to object M

              1. 76. (1) A party who participates in an arbitration without making...

           5. Rule 77 Independence of arbitrator M

              1. 77. For the purposes of these rules, an arbitrator is not...

           6. Rule 78 Consideration where arbitrator judged not to be impartial and independent D

              1. 78. (1) This rule applies where— (a) an arbitrator is removed...

           7. Rule 79 Death of arbitrator M

              1. 79. An arbitrator's authority is personal and ceases on death.

           8. Rule 80 Death of party D

              1. 80. (1) An arbitration agreement is not discharged by the death...

           9. Rule 81 Unfair treatment D

              1. 81. A tribunal (or arbitrator) who treats any party unfairly is,...

           10. Rule 82 Rules applicable to umpires M

               1. 82. (1) The following rules apply in relation to an umpire...

           11. Rule 83 Formal communications D

               1. 83. (1) A “formal communication” means any application, award, consent, direction,...

           12. Rule 84 Periods of time D

               1. 84. Periods of time are to be calculated for the purposes...

       12. Index

           1. The words and other expressions listed in the following index...

    2. SCHEDULE 2

       Repeals