Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Article 2 Definitions and rules of interpretation

For the purposes of this Law:

(a) “arbitration” means any arbitration whether or not administered by a permanent arbitral institution;

(b) “arbitral tribunal” means an arbitrator or a panel of arbitrators;

(c) “arbitrator” includes an arbiter;

(d) “commercial”, in relation to an arbitration, includes matters arising from all relationships of a commercial nature, whether contractual or not;

(e) “country” includes Scotland;

(f) “court” means a body or organ of the judicial system of a State;

(g) “relationships of a commercial nature” include, but are not limited to, the following transactions, namely any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business co-operation; carriage of goods or passengers by air, sea, rail or road;

(h) “State”, except in article 1(1), includes Scotland;

(i) where a provision of this Law, except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination;

(j) where a provision of this Law refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement;

(k) where a provision of this Law, other than in articles 25(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim;

(l) article headings are for reference purposes only and are not to be used for purposes of interpretation.