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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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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 March 2020

Arbitral Awards

Arbitral Awards

Chapter:
(p.245) Chapter 12 Arbitral Awards
Source:
Commercial Arbitration
Author(s):

Hong-Lin Yu

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861070.003.0012

This chapter focuses on the enforceability of arbitral awards in Scotland. Most, if not all, arbitrating parties choosing arbitration as the means of resolving their disputes want a speedy and an efficient way to reach a binding decision between them and, ultimately, to have an enforceable arbitral award. To ensure the enforceability of an arbitral award, three issues must be addressed: procedural formalities required in the relevant arbitration laws are fulfilled; the award does not fall into the grounds for setting aside; and/or the recognition and enforcement procedures are fulfilled under the New York Convention 1958. The chapter discusses all three aspects, which are covered in Part 6 of the Scottish Arbitration Rules and in ss 11–15 and ss 18–22 of the Arbitration (Scotland) Act 2010.

Keywords:   enforceability, arbitral awards, Scotland, arbitration, procedural formalities, New York Convention 1958, Scottish Arbitration Rules, Arbitration (Scotland) Act 2010

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