SCHEDULEACAS ARBITRATION SCHEME
XVII. QUESTIONS OF EC LAW, DEVOLUTION ISSUES AND THE HUMAN RIGHTS ACT 1998
Court determination of preliminary points: Scottish arbitrations
112S
The arbitrator shall not make a reference under paragraph 111S unless:
i
both parties have applied for or have agreed to the making of the reference; or
ii
if an application for the reference has been made by one party and opposed by the other party, the arbitrator is satisfied that the application has been made without delay.