SCHEDULE 1Scottish Arbitration Rules
Part 9Miscellaneous
76Rule 76 Loss of right to object M
1
A party who participates in an arbitration without making a timeous objection on the ground—
a
that an arbitrator is ineligible to act as an arbitrator,
b
that an arbitrator is not impartial and independent,
c
that an arbitrator has not treated the parties fairly,
d
that the tribunal does not have jurisdiction,
e
that the arbitration has not been conducted in accordance with—
i
the arbitration agreement,
ii
these rules (in so far as they apply), or
iii
any other agreement by the parties relating to conduct of the arbitration,
f
that the arbitration has been affected by any other serious irregularity,
may not raise the objection later before the tribunal or the court.
2
An objection is timeous if it is made—
a
as soon as reasonably practicable after the circumstances giving rise to the ground for objection first arose,
b
by such later date as may be allowed by—
i
the arbitration agreement,
ii
these rules (in so far as they apply),
iii
the other party, or
c
where the tribunal considers that circumstances justify a later objection, by such later date as it may allow.
3
This rule does not apply where the party shows that it did not object timeously because it—
a
did not know of the ground for objection, and
b
could not with reasonable diligence have discovered that ground.
4
This rule does not allow a party to raise an objection which it is barred from raising for any reason other than failure to object timeously.