Scottish Arbitration Handbook: A Practitioner's Guide

ISBN-13: 9781474478939 / Angielski / Miękka / 2021 / 448 str.

David R. Parratt; Angela Grahame; Peter Foreman

Spis treści

Preface; Introduction; Arbitration (Scotland) Act 2010; Founding Principles; Seat of Arbitration; Arbitration agreement; Separability; Suspension of legal proceedings; Enforcing and challenging arbitral awards etc; Statutory arbitration; Supplementary; Commencement, Constitution and Immunity of Tribunal; Commencement of Arbitration; Identity of and eligibility to act as an Arbitrator; Dismissal of tribunal; Liability etc of arbitrator when tenure ends; Reconstitution of tribunal; Jurisdiction of Tribunal; Jurisdiction of the tribunal; Types of challenge; Making an objection; General Duties; Introduction; Impartiality, bias and independence; What is a suitable arbitration procedure?; Arbitral Proceedings; Power of the Tribunal to Determine Procedure; The proactive arbitrator; The common law and the civil law traditions; Documents and electronically stored information (ESI); Evidence; Hearings, arguments, documents; The Rules on the Efficient Conduct of Proceedings in International Arbitration (the "Prague Rules"); Place of arbitration; Overall control of the arbitration; Powers of Court in Relation to Arbitral Procedings; Referral of point of law; Application; The Court’s power to order attendance of witnesses and disclosure of evidence; The Court’s other powers in relation to arbitration; Relief at the start of the process; Power to make an order under Administration of Justice (Scotland) Act 1972; Tribunal ongoing; Awards; Rules applicable to the substance of the dispute; Other remedies available to tribunal; Different types of award; Power to withhold award on non-payment of fees or expenses; Arbitration to end on last award or early settlement; Continued operation of the Rules; Correcting an award; Arbitration Expenses; Arbitration expenses; Recoverable arbitration expenses; Challenging Awards; Challenging an award: substantive jurisdiction; Challenging an award: serious irregularity; Serious irregularity and substantial injustice; Kinds of ‘serious irregularity’; Outer House – options; Arbitrators’ expenses; Further appeal; Challenging an award: legal error; Legal error appeals: procedure etc; Challenging an award: supplementary; Reconsideration by tribunal; Recognition and Enforcement of Awards in Scotland; Rules of Court; Grounds For Refusal Of Recognition & Enforcement; Miscellaneous; Immunity of tribunal etc; ‘Participates in an arbitration’; Unfair treatment; Rules applicable to umpires; Formal communications; Periods of time; Conclusion; Appendix 1: The Rules of Court; Appendix 2: New York Convention States; Appendix 3: Recognition and Enforcement of Convention Awards; Appendix 4: United Nations Convention on International Settlement Agreements Resulting from Mediation (the ‘Singapore Convention on Mediation’); Index.