The ACAS Arbitration Scheme (Great Britain) Order 2004

Appeals on questions of EC law, devolution issues and the Human Rights Act 1998: Scottish arbitrations

201S.  A party to a Scottish arbitration may appeal to the Court of Session:

(i) on a question of EC law,

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

(iii) on a devolution issue

arising out of an award made in the arbitration.

202S.  An appeal shall not be brought under paragraph 201S except—

(i) with the agreement of all the other parties to the proceedings; or

(ii) with the leave of the Court.

203S.  Leave to appeal shall be given only if the Court is satisfied—

(i) that the determination of the question will substantially affect the rights of one or more of the parties;

(ii) that on the basis of the findings of fact in the Note appended to the award, insofar as the question for appeal raises a point of EC law, the point is capable of serious argument, and insofar as the question for appeal does not raise a point of EC law:

(a) the decision of the arbitrator on the question is obviously wrong, or

(b) the question is one of general public importance and the decision of the arbitrator is at least open to serious doubt, and

(iii) that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the Court to determine the question.

204S.  On an appeal under paragraph 201S the Court may (without prejudice to any other power which it may exercise or remedy which it may grant)—

(i) confirm the award,

(ii) vary the award,

(iii) remit the award to the arbitrator, in whole or in part, for reconsideration in light of the Court’s determination,

(iv) declare the award to be of no effect in whole or in part,

(v) reduce the award in whole or in part, or

(vi) recall the award in whole or in part.