
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
General General
-
Power to Determine Points of Scots Law – rr 41 and 42 Power to Determine Points of Scots Law – rr 41 and 42
-
Powers to Vary Time Limits Set by Parties – rr 43 and 44 Powers to Vary Time Limits Set by Parties – rr 43 and 44
-
Power to Order Attendance of Witnesses and Disclosure of Evidence – r 45 Power to Order Attendance of Witnesses and Disclosure of Evidence – r 45
-
Other Powers in Relation to Arbitration – r 46 Other Powers in Relation to Arbitration – r 46
-
-
-
-
-
11 The Relationship Between The Courts and Arbitration
Get access-
Published:April 2011
Cite
Abstract
This chapter examines the powers of the court in relation to arbitration proceedings in Scotland as spelled out in Part 5 of the Scottish Arbitration Rules. When an arbitral tribunal faces unwilling or uncooperative parties, it becomes essential for the courts to provide assistance to both the parties and the tribunal to ensure the smooth operation of arbitration and the successful enforcement of the arbitral awards. Section 1 of the Arbitration (Scotland) Act 2010 stipulates that ‘the court should not intervene in an arbitration except as provided by this Act’. Despite its intention to reduce court intervention to a minimum, the draftsman still felt the need to specify the powers of the court in relation to arbitral proceedings in the issues of referral on a point of law, variation of time limits set by parties, ordering attendance of witnesses, and ordering disclosure of evidence, among others.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
April 2023 | 4 |
February 2024 | 3 |
March 2024 | 2 |
April 2024 | 1 |
August 2024 | 1 |
April 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.