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Arbitration (Scotland) Act 2010

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This is the original version (as it was originally enacted).

Rule 47 Rules applicable to the substance of the dispute D

This section has no associated Explanatory Notes

47(1)The tribunal must decide the dispute in accordance with—

(a)the law chosen by the parties as applicable to the substance of the dispute, or

(b)if no such choice is made (or where a purported choice is unlawful), the law determined by the conflict of law rules which the tribunal considers applicable.

(2)Accordingly, the tribunal must not decide the dispute on the basis of general considerations of justice, fairness or equity unless—

(a)they form part of the law concerned, or

(b)the parties otherwise agree.

(3)When deciding the dispute, the tribunal must have regard to—

(a)the provisions of any contract relating to the substance of the dispute,

(b)the normal commercial or trade usage of any undefined terms in the provisions of any such contract,

(c)any established commercial or trade customs or practices relevant to the substance of the dispute, and

(d)any other matter which the parties agree is relevant in the circumstances.

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