In contrast to (for example) the Arbitration Act 1996, in the

Arbitration (Scotland) Act 2010 the rules governing Scottish arbitrations

have been separated out into a Schedule to the Act, headed “Scottish

Arbitration Rules” (“SAR”) (but still forming part of the law in that they

apply (pursuant to section 7) to all arbitrations seated in Scotland). The

intent is user-friendliness i.e. so that any user can, in all practical

circumstances, rely on the SAR without reference to “the legalese”.

 

The SAR are classified as either “mandatory” or “default” with the

former applying to all arbitrations seated in Scotland and the latter

applying unless the parties agree to an alternative or disapplication. The

mandatory rules are mainly those required by public policy i.e. as being

fundamental to the arbitral process. In this Chapter, we identify the rules

as, e.g., 24 (M) or 46 (D) for ease of understanding but such

nomenclature does not appear in the 2010 Act in this form.

 

 

 

Yes, Rule 46(D) provides the court with the same power in an

arbitration as it has in civil proceedings—

 

(a) to grant interim interdict,

(b) to grant any other interim order,

(c) to grant warrant for arrestment or inhibition,

(d) to make an order securing any amount in dispute in the

arbitration,

(e) to make an order under section 1 of the Administration of

Justice (Scotland) Act 1972 (c.59),