Search Legislation

Arbitration (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 4

 Help about opening options

Alternative versions:

Changes to legislation:

Arbitration (Scotland) Act 2010, Part 4 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Part 4SArbitral proceedings

Rule 28 Procedure and evidence DS

28(1)It is for the tribunal to determine—S

(a)the procedure to be followed in the arbitration, and

(b)the admissibility, relevance, materiality and weight of any evidence.

(2)In particular, the tribunal may determine—

(a)when and where the arbitration is to be conducted,

(b)whether parties are to submit claims or defences and, if so, when they should do so and the extent to which claims or defences may be amended,

(c)whether any documents or other evidence should be disclosed by or to any party and, if so, when such disclosures are to be made and to whom copies of disclosed documents and information are to be given,

(d)whether any and, if so, what questions are to be put to and answered by the parties,

(e)whether and, if so, to what extent the tribunal should take the initiative in ascertaining the facts and the law,

(f)the extent to which the arbitration is to proceed by way of—

(i)hearings for the questioning of parties,

(ii)written or oral argument,

(iii)presentation or inspection of documents or other evidence, or

(iv)submission of documents or other evidence,

(g)the language to be used in the arbitration (and whether a party is to supply translations of any document or other evidence),

(h)whether to apply rules of evidence used in legal proceedings or any other rules of evidence.

Commencement Information

I1Sch. 1 rule 28 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 29 Place of arbitration DS

29SThe tribunal may meet, and otherwise conduct the arbitration, anywhere it chooses (in or outwith Scotland).

Commencement Information

I2Sch. 1 rule 29 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 30 Tribunal decisions DS

30(1)Where the tribunal is unable to make a decision unanimously (including any decision on an award), a decision made by the majority of the arbitrators is sufficient.S

(2)Where there is neither unanimity nor a majority in favour of or opposed to making any decision—

(a)the decision is to be made by the arbitrator nominated to chair the tribunal, or

(b)where no person has been so nominated, the decision is to be made—

(i)where the tribunal consists of 3 or more arbitrators, by the last arbitrator to be appointed, or

(ii)where the tribunal consists of 2 arbitrators, by an umpire appointed by the tribunal or, where the tribunal fails to make an appointment within 14 days of being requested to do so by either party or any arbitrator, by an arbitral appointments referee (at the request of a party or an arbitrator).

Commencement Information

I3Sch. 1 rule 30 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 31 Tribunal directions DS

31(1)The tribunal may give such directions to the parties as it considers appropriate for the purposes of conducting the arbitration.S

(2)A party must comply with such a direction by such time as the tribunal specifies.

Commencement Information

I4Sch. 1 rule 31 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 32 Power to appoint clerk, agents or employees etc. DS

32(1)The tribunal may appoint a clerk (and such other agents, employees or other persons as it thinks fit) to assist it in conducting the arbitration.S

(2)But the parties' consent is required for any appointment in respect of which significant expenses are likely to arise.

Commencement Information

I5Sch. 1 rule 32 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 33 Party representatives DS

33(1)A party may be represented in the arbitration by a lawyer or any other person.S

(2)But the party must, before representation begins, give notice of the representative—

(a)to the tribunal, and

(b)to the other party.

Commencement Information

I6Sch. 1 rule 33 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 34 Experts DS

34(1)The tribunal may obtain an expert opinion on any matter arising in the arbitration.S

(2)The parties must be given a reasonable opportunity—

(a)to make representations about any written expert opinion, and

(b)to hear any oral expert opinion and to ask questions of the expert giving it.

Commencement Information

I7Sch. 1 rule 34 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 35 Powers relating to property DS

35SThe tribunal may direct a party—

(a)to allow the tribunal, an expert or another party—

(i)to inspect, photograph, preserve or take custody of any property which that party owns or possesses which is the subject of the arbitration (or as to which any question arises in the arbitration), or

(ii)to take samples from, or conduct an experiment on, any such property, or

(b)to preserve any document or other evidence which the party possesses or controls.

Commencement Information

I8Sch. 1 rule 35 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 36 Oaths or affirmations DS

36SThe tribunal may—

(a)direct that a party or witness is to be examined on oath or affirmation, and

(b)administer an oath or affirmation for that purpose.

Commencement Information

I9Sch. 1 rule 36 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 37 Failure to submit claim or defence timeously DS

37(1)Where—S

(a)a party unnecessarily delays in submitting or in otherwise pursuing a claim,

(b)the tribunal considers that there is no good reason for the delay, and

(c)the tribunal is satisfied that the delay—

(i)gives, or is likely to give, rise to a substantial risk that it will not be possible to resolve the issues in that claim fairly, or

(ii)has caused, or is likely to cause, serious prejudice to the other party,

the tribunal must end the arbitration in so far as it relates to the subject-matter of the claim and may make such award (including an award on expenses) as it considers appropriate in consequence of the claim.

(2)Where—

(a)a party unnecessarily delays in submitting a defence to the tribunal, and

(b)the tribunal considers that there is no good reason for the delay,

the tribunal must proceed with the arbitration (but the delay is not, in itself, to be treated as an admission of anything).

Commencement Information

I10Sch. 1 rule 37 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 38 Failure to attend hearing or provide evidence DS

38SWhere—

(a)a party fails—

(i)to attend a hearing which the tribunal requested the party to attend a reasonable period in advance of the hearing, or

(ii)to produce any document or other evidence requested by the tribunal, and

(b)the tribunal considers that there is no good reason for the failure,

the tribunal may proceed with the arbitration, and make its award, on the basis of the evidence (if any) before it.

Commencement Information

I11Sch. 1 rule 38 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 39 Failure to comply with tribunal direction or arbitration agreement DS

39(1)Where a party fails to comply with—S

(a)any direction made by the tribunal, or

(b)any obligation imposed by—

(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,

the tribunal may order the party to so comply.

(2)Where a party fails to comply with an order made under this rule, the tribunal may do any of the following—

(a)direct that the party is not entitled to rely on any allegation or material which was the subject-matter of the order,

(b)draw adverse inferences from the non-compliance,

(c)proceed with the arbitration and make its award,

(d)make such provisional award (including an award on expenses) as it considers appropriate in consequence of the non-compliance.

Commencement Information

I12Sch. 1 rule 39 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Rule 40 Consolidation of proceedings DS

40(1)Parties may agree—S

(a)to consolidate the arbitration with another arbitration, or

(b)to hold concurrent hearings.

(2)But the tribunal may not order such consolidation, or the holding of concurrent hearings, on its own initiative.

Commencement Information

I13Sch. 1 rule 40 in force at 7.6.2010 for specified purposes by S.S.I. 2010/195, art. 2 (with arts. 3, 4)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources