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Commercial Arbitration$
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Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

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The Relationship Between The Courts and Arbitration

The Relationship Between The Courts and Arbitration

(p.238) (p.239) Chapter 11 The Relationship Between The Courts and Arbitration
Commercial Arbitration

Hong-Lin Yu

Edinburgh University Press

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.

Keywords:   courts, arbitration proceedings, Scotland, Scottish Arbitration Rules, arbitration, arbitral tribunal, Arbitration (Scotland) Act 2010, point of law

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