C4C6C3C5C8C9C7C11C1C2C10C12SCHEDULE 1Scottish Arbitration Rules
Sch. 1 excluded by 1962 c. 46, Sch. 7 para. 17(5) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(4))
Sch. 1 excluded by 1961 c. 34, s. 171 (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 3)
Sch. 1 excluded by 1962 c. 46, s. 81(7) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(3))
Sch. 1 excluded by 1992 c. 52, s. 212(5) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 6(2))
Sch. 1 excluded by 1992 c. 52, s. 263(6) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 6(3))
Sch. 1 excluded by 1977 c. 37, s. 130(8) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 5)
Sch. 1: power to exclude or restrict conferred by 2007 c. 15, Sch. 5 para. 14 (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 8)
Sch. 1 excluded by 1949 c. 39, s. 8(2) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 1)
Sch. 1 excluded by 1949 c. 87, s. 67(4) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 2)
Sch. 1 excluded by 1996 c. 17, s. 6(2) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7)
Part 5Powers of court in relation to arbitral proceedings
Rule 46 Court's other powers in relation to arbitration D
I146
1
The court has the same power in an arbitration as it has in civil proceedings—
a
to appoint a person to safeguard the interests of any party lacking capacity,
b
to order the sale of any property in dispute in the arbitration,
c
to make an order securing any amount in dispute in the arbitration,
d
to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 (c. 59),
e
to grant warrant for arrestment or inhibition,
f
to grant interdict (or interim interdict), or
g
to grant any other interim or permanent order.
2
But the court may take such action only—
a
on an application by any party, and
b
if the arbitration has begun—
i
with the consent of the tribunal, or
ii
where the court is satisfied that the case is one of urgency.
3
The tribunal may continue with the arbitration pending determination of the application.
4
This rule applies—
a
to arbitrations which have begun,
b
where the court is satisfied—
i
that a dispute has arisen or might arise, and
ii
that an arbitration agreement provides that such a dispute is to be resolved by arbitration.
5
This rule does not affect—
a
any other powers which the court has under any enactment or rule of law in relation to arbitrations, or
b
the tribunal's powers.
Sch. 1 excluded by 1962 c. 46, s. 74(6)(f) (as amended (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 4(2))