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(1)A judge may act as an arbitrator or umpire only where—
(a)the dispute being arbitrated appears to the judge to be of commercial character, and
(b)the Lord President, having considered the state of Court of Session business, has authorised the judge to so act.
(2)A fee of such amount as Ministers may by order prescribe is payable in the Court of Session for the services of a judge acting as an arbitrator or umpire.
(3)Any jurisdiction exercisable by the Outer House under the Scottish Arbitration Rules (or any other provision of this Act) in relation to—
(a)a judge acting as a sole arbitrator or umpire, or
(b)a tribunal which the judge forms part of,
is to be exercisable instead by the Inner House (and the Inner House’s decision on any matter is final).
(4)In this section—
“judge” means a judge of the Court of Session, and
“Lord President” means the Lord President of the Court of Session.
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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.
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