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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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Commencement of Arbitration Proceedings and Constitution of Tribunal

Commencement of Arbitration Proceedings and Constitution of Tribunal

(p.97) Chapter 6 Commencement of Arbitration Proceedings and Constitution of Tribunal
Commercial Arbitration

Hong-Lin Yu

Edinburgh University Press

This chapter explains how arbitration proceedings are initiated by the aggrieved party and how an arbitral tribunal should be appointed. To resolve disputes between the parties, it is essential to provide for how the aggrieved party should initiate the arbitration proceedings, as well as how an arbitral tribunal should be appointed. Without a clear indication on the timing for the commencement, the parties may easily argue that the arbitration proceedings have not started; this will have a knock-on effect on the relevant issues of prescription and limitation later on. It is also necessary to have a system in place to appoint the arbitral tribunal either by the parties or by default rules. Under the Scottish Arbitration Rules, the parties may agree among themselves as to who the arbitrator should be. This chapter examines the provisions of the Arbitration (Scotland) Act 2010 that are relevant to the commencement of arbitration, the composition of the arbitral tribunal, and the reconstitution of the arbitral tribunal after the removal, resignation or death of arbitrators.

Keywords:   arbitration proceedings, arbitral tribunal, arbitration, Scottish Arbitration Rules, arbitrators, Arbitration (Scotland) Act 2010

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