Latest News

Upcoming Events

Details of upcoming events will be posted in early course.

ARBITRATION

Arbitration has long played an important role in settling disputes in Scotland and as a result Scotland has its own highly developed body of arbitration law.

The Scottish courts have always recognised the right of parties to agree to exclude the jurisdiction of the courts to inquire into the merits of their disputes and instead to refer any disputes to arbitration. This fundamental doctrine of Scots arbitration law was never more succinctly or better put than by the eminent judge Lord Dunedin in 1922:

"…the right…to apply or not to apply the arbitration clause in its discretion never was the right of the Court in Scotland. If the parties have contracted to arbitrate, to arbitration they must go."

The Scottish courts though remain free to pronounce a judgement in conformity with the arbitrator’s award. Equally, should the arbitration from any cause prove abortive, the full jurisdiction of the court will revive, to the effect of enabling the court to hear and determine the dispute on its merits.

Scotland is not subject to the Arbitration Act 1996 which applies to the rest of the United Kingdom. Instead Scotland has allowed its arbitration law to develop organically over time out of principle and case decisions with only very occasional modification by statute. This has allowed The Scottish Arbitration Code to be drafted in terms intended to set out clearly and concisely all of the provisions which would apply to an arbitration, whether domestic or international, in Scotland. The Code does not have the force of law. Instead it will be given effect in each arbitration by the prior consent of the parties to the arbitration. This is entirely in tune with the consensual nature of Scottish arbitration law and can be done either in an arbitration clause or simply prior to the arbitration commencing.

Importantly for international commercial arbitrations the UNCITRAL Model Law does apply in Scotland by virtue of Section 66 of the rather unimaginatively titled Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Of course this is just a taste of the favourable background to conducting arbitration in Scotland. Why not have a look at The Scottish Arbitration Code to see what detailed framework is available to those conducting arbitrations in Scotland.

Arbitrator Selection - If you require the selection of an arbitrator we can assist. For maximum speed you can download directly from this part of our Arbitrator section our Application Form for the Appointment of an Arbitrator - no need to find out whom to telephone to obtain a poor fax copy. Please click Checklist for a helpful tick list.

SCOTTISH CONSTRUCTION ARBITRATION CODE

The CIArb, Scottish Branch are pleased to announce the publication of the Scottish Construction Arbitration Code, 2005. This is intended to bring to the market an efficient and time and cost effective process. It can be downloaded as a downloadable document in pdf format (you will require Adobe Acrobat Reader to read the Code in this format) or as a webpage. Or you can order a paper copy by writing to David Allan, The Chartered Institute of Arbitrators (Scottish Branch) 1441 Cumbernauld Road Glasgow G33 1AN. Please enclose a note of your own name and address so that your copy of the Code can be posted to you.

ARBITRATION - THE CHAIRMAN'S PANEL

The Chairman is pleased to publish the skills of the CIARB Scottish Branch Arbitration Panel. This will allow users to consider the particular experience of members of the Panel. Where the panel's member is underlined please click to see the panel member's curriculum vitae in the pdf format please click their name:

Gordon Coutts - 0131-556-3042

Peter Cross

Ken Darling - 01738-623292

James Dietrichsen - 0141-221-0210

Hew Dundas

Chris Ford - 0141-942-0938

William Frame

Alexander Hamilton