
Published online:
17 September 2015
Published in print:
01 April 2011
Online ISBN:
9781474406154
Print ISBN:
9781845861070
Contents
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Contents Contents
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Arbitration (Scotland) Act 2010: 2010 asp 1
Arbitration (Scotland) Act 2010: 2010 asp 1
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Introductory Introductory
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1 Founding principles 1 Founding principles
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2 Key terms 2 Key terms
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3 Seat of arbitration 3 Seat of arbitration
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Arbitration agreements Arbitration agreements
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4 Arbitration agreement 4 Arbitration agreement
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5 Separability 5 Separability
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6 Law governing arbitration agreement 6 Law governing arbitration agreement
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Scottish Arbitration Rules Scottish Arbitration Rules
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7 Scottish Arbitration Rules 7 Scottish Arbitration Rules
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8 Mandatory rules 8 Mandatory rules
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9 Default rules 9 Default rules
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Suspension of legal proceedings Suspension of legal proceedings
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10 Suspension of legal proceedings 10 Suspension of legal proceedings
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Enforcing and challenging arbitral awards etc Enforcing and challenging arbitral awards etc
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11 Arbitral award to be final and binding on parties 11 Arbitral award to be final and binding on parties
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12 Enforcement of arbitral awards 12 Enforcement of arbitral awards
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13 Court intervention in arbitrations 13 Court intervention in arbitrations
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14 Persons who take no part in arbitral proceedings 14 Persons who take no part in arbitral proceedings
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15 Anonymity in legal proceedings 15 Anonymity in legal proceedings
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Statutory arbitration Statutory arbitration
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16 Statutory arbitration: special provisions 16 Statutory arbitration: special provisions
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17 Power to adapt enactments providing for statutory arbitration 17 Power to adapt enactments providing for statutory arbitration
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Recognition and enforcement of New York Convention awards Recognition and enforcement of New York Convention awards
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18 New York Convention awards 18 New York Convention awards
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19 Recognition and enforcement of New York Convention awards 19 Recognition and enforcement of New York Convention awards
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20 Refusal of recognition or enforcement 20 Refusal of recognition or enforcement
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21 Evidence to be produced when seeking recognition or enforcement 21 Evidence to be produced when seeking recognition or enforcement
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22 Saving for other bases of recognition or enforcement 22 Saving for other bases of recognition or enforcement
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Supplementary Supplementary
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23 Prescription and limitation 23 Prescription and limitation
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24 Arbitral appointments referee 24 Arbitral appointments referee
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25 Power of judge to act as arbitrator or umpire 25 Power of judge to act as arbitrator or umpire
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26 Amendments to UNCITRAL Model Law or Rules or New York Convention 26 Amendments to UNCITRAL Model Law or Rules or New York Convention
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27 Amendment of Conveyancing (Scotland) Act 1924 (c.27) 27 Amendment of Conveyancing (Scotland) Act 1924 (c.27)
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28 Articles of Regulation 1695 28 Articles of Regulation 1695
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29 Repeals 29 Repeals
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30 Arbitrability of disputes 30 Arbitrability of disputes
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Final provisions Final provisions
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31 Interpretation 31 Interpretation
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32 Ancillary provision 32 Ancillary provision
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33 Orders 33 Orders
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34 Crown application 34 Crown application
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35 Commencement 35 Commencement
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36 Transitional provisions 36 Transitional provisions
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37 Short title 37 Short title
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Schedule 1 (introduced by section 7): Scottish Arbitration Rules Schedule 1 (introduced by section 7): Scottish Arbitration Rules
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Part 1 Commencement and Constitution of Tribunal Etc. Part 1 Commencement and Constitution of Tribunal Etc.
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Rule 1 Commence of arbitration D Rule 1 Commence of arbitration D
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Rule 2 Appointment of tribunal D Rule 2 Appointment of tribunal D
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Rule 3 Arbitrator to be an individual M Rule 3 Arbitrator to be an individual M
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Rule 4 Eligibility to act as arbitrator M Rule 4 Eligibility to act as arbitrator M
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Rule 5 Number of arbitrators D Rule 5 Number of arbitrators D
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Rule 6 Method of appointment D Rule 6 Method of appointment D
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Rule 7 Failure of appointment procedure M Rule 7 Failure of appointment procedure M
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Rule 8 Duty to disclose any conflict of interests M Rule 8 Duty to disclose any conflict of interests M
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Rule 9 Arbitrator’s tenure D Rule 9 Arbitrator’s tenure D
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Rule 10 Challenge to appointment of arbitrator D Rule 10 Challenge to appointment of arbitrator D
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Rule 11 Removal of arbitrator by parties D Rule 11 Removal of arbitrator by parties D
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Rule 12 Removal of arbitrator by court M Rule 12 Removal of arbitrator by court M
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Rule 13 Dismissal of tribunal by court M Rule 13 Dismissal of tribunal by court M
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Rule 14 Removal and dismissal by court: supplementary M Rule 14 Removal and dismissal by court: supplementary M
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Rule 15 Resignation of arbitrator M Rule 15 Resignation of arbitrator M
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Rule 16 Liability etc of arbitrator when tenure ends M Rule 16 Liability etc of arbitrator when tenure ends M
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Rule 17 Reconstitution of tribunal D Rule 17 Reconstitution of tribunal D
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Rule 18 Arbitrators nominated in arbitration agreements D Rule 18 Arbitrators nominated in arbitration agreements D
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Part 2 Jurisdiction of Tribunal Part 2 Jurisdiction of Tribunal
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Rule 19 Power of tribunal to rule on own jurisdiction M Rule 19 Power of tribunal to rule on own jurisdiction M
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Rule 20 Objections to tribunal’s jurisdiction M Rule 20 Objections to tribunal’s jurisdiction M
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Rule 21 Appeal against tribunal’s ruling on jurisdictional objection M Rule 21 Appeal against tribunal’s ruling on jurisdictional objection M
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Rule 22 Referral of point of jurisdiction D Rule 22 Referral of point of jurisdiction D
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Rule 23 Jurisdiction referral: procedure etc M Rule 23 Jurisdiction referral: procedure etc M
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Part 3 General Duties Part 3 General Duties
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Rule 24 General duty of the tribunal M Rule 24 General duty of the tribunal M
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Rule 25 General duty of the parties M Rule 25 General duty of the parties M
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Rule 26 Confidentiality D Rule 26 Confidentiality D
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Rule 27 Tribunal deliberations D Rule 27 Tribunal deliberations D
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Part 4 Arbitral Proceedings Part 4 Arbitral Proceedings
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Rule 28 Procedure and evidence D Rule 28 Procedure and evidence D
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Rule 29 Place of arbitration D Rule 29 Place of arbitration D
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Rule 30 Tribunal decisions D Rule 30 Tribunal decisions D
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Rule 31 Tribunal directions D Rule 31 Tribunal directions D
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Rule 32 Power to appoint clerk, agents or employees etc D Rule 32 Power to appoint clerk, agents or employees etc D
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Rule 33 Party representatives D Rule 33 Party representatives D
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Rule 34 Experts D Rule 34 Experts D
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Rule 35 Powers relating to property D Rule 35 Powers relating to property D
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Rule 36 Oaths or affirmations D Rule 36 Oaths or affirmations D
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Rule 37 Failure to submit claim or defence timeously D Rule 37 Failure to submit claim or defence timeously D
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Rule 38 Failure to attend hearing or provide evidence D Rule 38 Failure to attend hearing or provide evidence D
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Rule 39 Failure to comply with tribunal direction or arbitration agreement D Rule 39 Failure to comply with tribunal direction or arbitration agreement D
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Rule 40 Consolidation of proceedings D Rule 40 Consolidation of proceedings D
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Part 5 Powers of Court in Relation to Arbitral Proceedings Part 5 Powers of Court in Relation to Arbitral Proceedings
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Rule 41 Referral of point of law D Rule 41 Referral of point of law D
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Rule 42 Point of law referral: procedure etc M Rule 42 Point of law referral: procedure etc M
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Rule 43 Variation of time limits set by parties D Rule 43 Variation of time limits set by parties D
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Rule 44 Time limit variation: procedure etc M Rule 44 Time limit variation: procedure etc M
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Rule 45 Court’s power to order attendance of witnesses and disclosure of evidence M Rule 45 Court’s power to order attendance of witnesses and disclosure of evidence M
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Rule 46 Court’s other powers in relation to arbitration D Rule 46 Court’s other powers in relation to arbitration D
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Part 6 Awards Part 6 Awards
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Rule 47 Rules applicable to the substance of the dispute D Rule 47 Rules applicable to the substance of the dispute D
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Rule 48 Power to award payment and damages M Rule 48 Power to award payment and damages M
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Rule 49 Other remedies available to tribunal D Rule 49 Other remedies available to tribunal D
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Rule 50 Interest M Rule 50 Interest M
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Rule 51 Form of award D Rule 51 Form of award D
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Rule 52 Award treated as made in Scotland D Rule 52 Award treated as made in Scotland D
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Rule 53 Provisional awards D Rule 53 Provisional awards D
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Rule 54 Part awards M Rule 54 Part awards M
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Rule 55 Draft awards D Rule 55 Draft awards D
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Rule 56 Power to withhold award on non-payment of fees or expenses M Rule 56 Power to withhold award on non-payment of fees or expenses M
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Rule 57 Arbitration to end on last award or early settlement D Rule 57 Arbitration to end on last award or early settlement D
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Rule 58 Correcting an award D Rule 58 Correcting an award D
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Part 7 Arbitration Expenses Part 7 Arbitration Expenses
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Rule 59 Arbitration expenses D Rule 59 Arbitration expenses D
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Rule 60 Arbitrators’ fees and expenses M Rule 60 Arbitrators’ fees and expenses M
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Rule 61 Recoverable arbitration expenses D Rule 61 Recoverable arbitration expenses D
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Rule 62 Liability for recoverable arbitration expenses D Rule 62 Liability for recoverable arbitration expenses D
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Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M Rule 63 Ban on pre-dispute agreements about liability for arbitration expenses M
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Rule 64 Security for expenses D Rule 64 Security for expenses D
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Rule 65 Limitation of recoverable arbitration expenses D Rule 65 Limitation of recoverable arbitration expenses D
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Rule 66 Awards on recoverable arbitration expenses D Rule 66 Awards on recoverable arbitration expenses D
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Part 8 Challenging Awards Part 8 Challenging Awards
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Rule 67 Challenging an award: substantive jurisdiction M Rule 67 Challenging an award: substantive jurisdiction M
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Rule 49 Challenging an award: serious irregularity M Rule 49 Challenging an award: serious irregularity M
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Rule 69 Challenging an award: legal error D Rule 69 Challenging an award: legal error D
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Rule 70 Legal error appeals: procedure etc M Rule 70 Legal error appeals: procedure etc M
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Rule 71 Challenging an award: supplementary M Rule 71 Challenging an award: supplementary M
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Rule 72 Reconsideration by tribunal M Rule 72 Reconsideration by tribunal M
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Part 9 Miscellaneous Part 9 Miscellaneous
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Rule 73 Immunity of tribunal etc M Rule 73 Immunity of tribunal etc M
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Rule 74 Immunity of appointing arbitral institution etc M Rule 74 Immunity of appointing arbitral institution etc M
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Rule 75 Immunity of experts, witnesses and legal representatives M Rule 75 Immunity of experts, witnesses and legal representatives M
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Rule 76 Loss of right to object M Rule 76 Loss of right to object M
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Rule 77 Independence of arbitrator M Rule 77 Independence of arbitrator M
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Rule 78 Consideration where arbitrator judged not to be impartial and independent D Rule 78 Consideration where arbitrator judged not to be impartial and independent D
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Rule 79 Death of arbitrator M Rule 79 Death of arbitrator M
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Rule 80 Death of party D Rule 80 Death of party D
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Rule 81 Unfair treatment D Rule 81 Unfair treatment D
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Rule 82 Rules applicable to umpires M Rule 82 Rules applicable to umpires M
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Rule 83 Formal communications D Rule 83 Formal communications D
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Rule 84 Periods of time D Rule 84 Periods of time D
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End Matter
Appendix
Arbitration (Scotland) Act 2010: 2010 asp 1
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Pages
293–347
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Published:April 2011
Cite
'
Arbitration (Scotland) Act 2010: 2010 asp 1', Commercial Arbitration (Edinburgh , 2011; online edn, Edinburgh Scholarship Online, 17 Sept. 2015), https://doi.org/10.3366/edinburgh/9781845861070.005.0001, accessed 15 May 2025.
Subject
Company and Commercial Law
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