Lex Mundi Global Arbitration Institutions Guide |
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Scotland |
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| (Europe) Firm Burness Paull LLP Updated 29 Oct 2018 | |
| Name of Arbitral Institution; with abbreviation, if any. | Scottish Arbitration Centre ("SAC") |
| Where is the seat of the Arbitral Institution? | Edinburgh, Scotland |
| Is there an umbrella organization for the Arbitral Institution? | No. |
| How is the Arbitral Institution structured? | The Centre is a not for profit company established in 2011, following the introduction of the Arbitration (Scotland) Act 2010, to promote the Act and Scotland as a jurisdiction for arbitration. The Scottish Government is one of the members of the company along with the Law Society of Scotland, the Royal Institution of Chartered Surveyors and the Chartered Institute of Arbitrators. Each of the four bodies appoints two Directors to sit on the Board. Brandon Malone is Chairman of the Board. Sir David Edward QC is our Honorary President. Andrew Mackenzie is the Chief Executive of the Centre. The Centre has an arbitral appointments service. Its Arbitral Appointments Committee is independent and acts separately from the Centre’s Board and has complete discretion to choose the most suitable arbitrator for the dispute from leading international and Scottish arbitrators. The Centre does not have arbitral rules and does not administer cases. At its premises on Princes Street in Edinburgh, the Centre has facilities for hire for dispute resolution matters, meetings, and events. It also holds training events and conferences, which are attended by domestic and international practitioners. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes, parties can freely choose. Scotland is the default seat. |
| What is the amount of the registration fee? | Where the Centre appoints an arbitrator, it charges an arbitral appointment fee of £300. There is no registration fee as such since the Centre does not administer arbitrations. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Information not available. The Arbitration (Scotland) Act 2010 requires the tribunal - and the parties - to conduct matters without incurring an unnecessary cost. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Information not available. The Arbitration (Scotland) Act 2010 requires the tribunal - and the parties - to conduct matters without incurring an unnecessary cost. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Information not available. The Arbitration (Scotland) Act 2010 requires the tribunal - and the parties - to conduct matters without incurring an unnecessary cost. |
| Who pays advances on costs? What happens in the event of default? | N/A |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. Arbitrations in Scotland are generally governed (by statue) by the Scottish Arbitration Rules. The arbitral tribunal is given a large measure of freedom to decide upon its own procedure. |
| Which languages can be used for communication with the Arbitral Institution? | English |
| Who is the main point of contact for the parties within the Arbitral Institution? | Andrew Mackenzie, Chief Executive of the Centre. |
| Are there restrictions on the language that the arbitration may be conducted in? | There is no restriction under the Arbitration (Scotland) Act 2010. |
| Who appoints substitute arbitrators? | As the Centre only makes ad hoc appointments, its formal role ends upon the appointment of the tribunal. Where the tenure of an arbitrator ends, the parties are obliged to reappoint in accordance with their original agreement which will involve re-applying to the Centre if that this is the provision in the contract. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Ad hoc arbitrations in Scotland are governed by the Scottish Arbitration Rules forming Schedule 1 to the Arbitration (Scotland) Act 2010. It is a default rule of the Scottish Arbitration Rules (rule 40) that parties may agree to consolidate proceedings. The tribunal has no power to consolidate proceedings of its own initiative. |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | These are flexible. |
| What is the average duration of arbitration proceedings? | While there are no definitive statistics available, 6-8 months is not unusual. |
| What is the timeframe for rendering the award? | This is flexible, subject to the statutory obligation on the arbitral tribunal to do this without unnecessary time being expended. |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes. No: the Arbitration (Scotland) Act reinforces the primacy of the arbitral tribunal. Interim measures may be sought at court only where justification can be made (eg urgency) |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Parties are free to enter into agreements for expedited proceedings, and if they do these will be enforced. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. There are, however, limited rights of appeal to the Scottish courts. |
| Do costs necessarily follow the event? | No - the arbitral tribunal has discretion. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes. Yes. |
| Link to institutional rules | |
| Link to model clause | Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of arbitration shall be Scotland. The language to be used in the arbitral proceedings shall be English. |
Lex Mundi Global Arbitration Institutions Guide
Scottish Arbitration Centre ("SAC")
Edinburgh, Scotland
No.
The Centre is a not for profit company established in 2011, following the introduction of the Arbitration (Scotland) Act 2010, to promote the Act and Scotland as a jurisdiction for arbitration.
The Scottish Government is one of the members of the company along with the Law Society of Scotland, the Royal Institution of Chartered Surveyors and the Chartered Institute of Arbitrators. Each of the four bodies appoints two Directors to sit on the Board. Brandon Malone is Chairman of the Board. Sir David Edward QC is our Honorary President. Andrew Mackenzie is the Chief Executive of the Centre.
The Centre has an arbitral appointments service. Its Arbitral Appointments Committee is independent and acts separately from the Centre’s Board and has complete discretion to choose the most suitable arbitrator for the dispute from leading international and Scottish arbitrators. The Centre does not have arbitral rules and does not administer cases.
At its premises on Princes Street in Edinburgh, the Centre has facilities for hire for dispute resolution matters, meetings, and events. It also holds training events and conferences, which are attended by domestic and international practitioners.
No.
Yes, parties can freely choose. Scotland is the default seat.
Where the Centre appoints an arbitrator, it charges an arbitral appointment fee of £300. There is no registration fee as such since the Centre does not administer arbitrations.
Information not available. The Arbitration (Scotland) Act 2010 requires the tribunal - and the parties - to conduct matters without incurring an unnecessary cost.
Information not available. The Arbitration (Scotland) Act 2010 requires the tribunal - and the parties - to conduct matters without incurring an unnecessary cost.
Information not available. The Arbitration (Scotland) Act 2010 requires the tribunal - and the parties - to conduct matters without incurring an unnecessary cost.
N/A
No. Arbitrations in Scotland are generally governed (by statue) by the Scottish Arbitration Rules. The arbitral tribunal is given a large measure of freedom to decide upon its own procedure.
English
Andrew Mackenzie, Chief Executive of the Centre.
There is no restriction under the Arbitration (Scotland) Act 2010.
As the Centre only makes ad hoc appointments, its formal role ends upon the appointment of the tribunal. Where the tenure of an arbitrator ends, the parties are obliged to reappoint in accordance with their original agreement which will involve re-applying to the Centre if that this is the provision in the contract.
Ad hoc arbitrations in Scotland are governed by the Scottish Arbitration Rules forming Schedule 1 to the Arbitration (Scotland) Act 2010. It is a default rule of the Scottish Arbitration Rules (rule 40) that parties may agree to consolidate proceedings. The tribunal has no power to consolidate proceedings of its own initiative.
No.
These are flexible.
While there are no definitive statistics available, 6-8 months is not unusual.
This is flexible, subject to the statutory obligation on the arbitral tribunal to do this without unnecessary time being expended.
Yes.
Yes. No: the Arbitration (Scotland) Act reinforces the primacy of the arbitral tribunal. Interim measures may be sought at court only where justification can be made (eg urgency)
No.
Parties are free to enter into agreements for expedited proceedings, and if they do these will be enforced.
No. There are, however, limited rights of appeal to the Scottish courts.
No - the arbitral tribunal has discretion.
Yes. Yes.
Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of arbitration shall be Scotland. The language to be used in the arbitral proceedings shall be English.