After years of Arbitration in Scotland being contract based, the Arbitration (Scotland) Act 2010 came into force in Scotland on 7 June 2010.
Arbitration in the Construction Industry
Undoubtedly this new Act is bringing a new force to Arbitration in Scotland as the Act sets down rules and procedures for all Arbitrations. Not all of the rules are mandatory and there are options for Parties to tailor the rules to suit their own requirements. Undoubtedly having a concise and clear basis to start from is a huge advantage in increasing the popularity of this method of dispute resolution. Furthermore, the Arbitrator is encouraged to be cost effective in dealing with the dispute efficiently and within a reasonable timetable.
Arbitration procedures are framed in the law, producing final disposal of the dispute with binding awards. Selection of the appropriately skilled Arbitrator can be difficult. CDR offers trained Arbitrators from a surveying background with legal qualifications which presents cost and time benefits. As well as domestic Arbitration, we are also experienced in carrying out international Arbitration. Albeit Arbitration has been a “sleeping giant” for many years, the introduction of the Scottish Arbitration Scotland Act 2010 seeks to encourage the use of Arbitration as a dispute resolution tool.