Arbitration (Scotland) Act 2010
Arbitration (Scotland) Act 2010 (2010 asp 1)
- Arbitration (Scotland) Act 2010 (2010 asp 1)
- Introductory
- 1 Founding principles
- 2 Key terms
- 3 Seat of arbitration
- Arbitration agreements
- 4 Arbitration agreement
- 5 Separability
- 6 Law governing arbitration agreement
- Scottish Arbitration Rules
- 7 Scottish Arbitration Rules
- 8 Mandatory rules
- 9 Default rules
- Suspension of legal proceedings
- 10 Suspension of legal proceedings
- Enforcing and challenging arbitral awards etc.
- 11 Arbitral award to be final and binding on parties
- 12 Enforcement of arbitral awards
- 13 Court intervention in arbitrations
- 14 Persons who take no part in arbitral proceedings
- 15 Anonymity in legal proceedings
- Statutory arbitration
- 16 Statutory arbitration: special provisions
- 17 Power to adapt enactments providing for statutory arbitration
- Recognition and enforcement of New York Convention awards
- 18 New York Convention awards
- 19 Recognition and enforcement of New York Convention awards
- 20 Refusal of recognition or enforcement
- 21 Evidence to be produced when seeking recognition or enforcement
- 22 Saving for other bases of recognition or enforcement
- Supplementary
- 23 Prescription and limitation
- 24 Arbitral appointments referee
- 25 Power of judge to act as arbitrator or umpire
- 26 Amendments to UNCITRAL Model Law or Rules or New York Convention
- 27 Amendment of Conveyancing (Scotland) Act 1924 (c. 27)
- 28 Articles of Regulation 1695
- 29 Repeals
- 30 Arbitrability of disputes
- Final provisions
- 31 Interpretation
- 32 Ancillary provision
- 33 Orders
- 34 Crown application
- 35 Commencement
- 36 Transitional provisions
- 37 Short title
- SCHEDULE 1 Scottish Arbitration Rules
- Part 1 Commencement and constitution of tribunal etc.
- Rule 1 Commencement of arbitration D
- Rule 2 Appointment of tribunal D
- Rule 3 Arbitrator to be an individual M
- Rule 4 Eligibility to act as arbitrator M
- Rule 5 Number of arbitrators D
- Rule 6 Method of appointment D
- Rule 7 Failure of appointment procedure M
- Rule 8 Duty to disclose any conflict of interests M
- Rule 9 Arbitrator's tenure D
- Rule 10 Challenge to appointment of arbitrator D
- Rule 11 Removal of arbitrator by parties D
- Rule 12 Removal of arbitrator by court M
- Rule 13 Dismissal of tribunal by court M
- Rule 14 Removal and dismissal by court: supplementary M
- Rule 15 Resignation of arbitrator M
- Rule 16 Liability etc. of arbitrator when tenure ends M
- Rule 17 Reconstitution of tribunal D
- Rule 18 Arbitrators nominated in arbitration agreements D
- Part 2 Jurisdiction of tribunal
- Rule 19 Power of tribunal to rule on own jurisdiction M
- Rule 20 Objections to tribunal's jurisdiction M
- Rule 21 Appeal against tribunal's ruling on jurisdictional objection M
- Rule 22 Referral of point of jurisdiction D
- Rule 23 Jurisdiction referral: procedure etc. M
- Part 3 General duties
- Rule 24 General duty of the tribunal M
- Rule 25 General duty of the parties M
- Rule 26 Confidentiality D
- Rule 27 Tribunal deliberations D
- Part 4 Arbitral proceedings
- Rule 28 Procedure and evidence D
- Rule 29 Place of arbitration D
- Rule 30 Tribunal decisions D
- Rule 31 Tribunal directions D
- Rule 32 Power to appoint clerk, agents or employees etc. D
- Rule 33 Party representatives D
- Rule 34 Experts D
- Rule 35 Powers relating to property D
- Rule 36 Oaths or affirmations D
- Rule 37 Failure to submit claim or defence timeously D
- Rule 38 Failure to attend hearing or provide evidence D
- Rule 39 Failure to comply with tribunal direction or arbitration agreement D
- Rule 40 Consolidation of proceedings D
- Part 5 Powers of court in relation to arbitral proceedings
- Rule 41 Referral of point of law D
- Rule 42 Point of law referral: procedure etc. M
- Rule 43 Variation of time limits set by parties D
- Rule 44 Time limit variation: procedure etc. M
- Rule 45 Court's power to order attendance of witnesses and disclosure of evidence M
- Rule 46 Court's other powers in relation to arbitration D
- Part 6 Awards
- Rule 47 Rules applicable to the substance of the dispute D
- Rule 48 Power to award payment and damages M
- Rule 49 Other remedies available to tribunal D
- Rule 50 Interest M
- Rule 51 Form of award D
- Rule 52 Award treated as made in Scotland D
- Rule 53 Provisional awards D
- Rule 54 Part awards M
- Rule 55 Draft awards D
- Rule 56 Power to withhold award on non-payment of fees or expenses M
- Rule 57 Arbitration to end on last award or early settlement D
- Rule 58 Correcting an award D
- Part 7 Arbitration expenses
- Rule 59 Arbitration expenses D
- Rule 60 Arbitrators' fees and expenses M
- Rule 61 Recoverable arbitration expenses D
- Rule 62 Liability for recoverable arbitration expenses D
- Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M
- Rule 64 Security for expenses D
- Rule 65 Limitation of recoverable arbitration expenses D
- Rule 66 Awards on recoverable arbitration expenses D
- Part 8 Challenging awards
- Rule 67 Challenging an award: substantive jurisdiction M
- Rule 68 Challenging an award: serious irregularity M
- Rule 69 Challenging an award: legal error D
- Rule 70 Legal error appeals: procedure etc. M
- Rule 71 Challenging an award: supplementary M
- Rule 72 Reconsideration by tribunal M
- Part 9 Miscellaneous
- Rule 73 Immunity of tribunal etc. M
- Rule 74 Immunity of appointing arbitral institution etc. M
- Rule 75 Immunity of experts, witnesses and legal representatives M
- Rule 76 Loss of right to object M
- Rule 77 Independence of arbitrator M
- Rule 78 Consideration where arbitrator judged not to be impartial and independent D
- Rule 79 Death of arbitrator M
- Rule 80 Death of party D
- Rule 81 Unfair treatment D
- Rule 82 Rules applicable to umpires M
- Rule 83 Formal communications D
- Rule 84 Periods of time D
- SCHEDULE 2 Repeals
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