C4C6C3C5C8C9C7C11C1C2C10C12SCHEDULE 1Scottish Arbitration Rules

Annotations:
Modifications etc. (not altering text)
C4

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))

C6

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))

C7

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)

C11

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)

C2

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)

C10

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.