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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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Features of the Arbitration (Scotland) Act 2010

Features of the Arbitration (Scotland) Act 2010

(p.8) (p.9) Chapter 2 Features of the Arbitration (Scotland) Act 2010
Commercial Arbitration

Hong-Lin Yu

Edinburgh University Press

This chapter provides an overview of the main features of the Arbitration (Scotland) Act 2010. It first considers the three founding principles of the Act: the first sets out the objective of arbitration, which is to ensure that fairness and impartiality are to be applied during the arbitration proceedings; the second lays down the internationally followed principle of party autonomy; and the third deals with the principle of ‘limited court intervention’. The chapter then discusses the Act's scope of applications concerning types of arbitration and dispute before explaining the seat of arbitration, generally defined as the country or the place in which the arbitration is based. It also examines the Act's provisions concerning statutory arbitration and the New York Convention awards, along with the relevant arbitration laws that it repeals, namely: the Arbitration (Scotland) Act 1894; the Arbitration Act 1950; the Arbitration Act 1975; s 3 of the Administration of Justice (Scotland) Act 1972; and ss 17 and 66 of and Sch 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Finally, it describes the structure of the Arbitration (Scotland) Act 2010.

Keywords:   arbitration, Arbitration (Scotland) Act 2010, party autonomy, limited court intervention, seat of arbitration, statutory arbitration, New York Convention, arbitration law

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