Supplementary

25Power of judge to act as arbitrator or umpire

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.