SCHEDULEACAS ARBITRATION SCHEME

XVII. QUESTIONS OF EC LAW, DEVOLUTION ISSUES AND THE HUMAN RIGHTS ACT 1998

Court determination of preliminary points: Scottish arbitrations

111S.  The arbitrator may make a reference to the Court of Session for determination as a preliminary point—

(i)of any question of EC law,

(ii)of any question concerning the application of the Human Rights Act 1998, or

(iii)of any devolution issue

which substantially affects the rights of one or more of the parties to the arbitration.