David Bartos advocate, Edinburgh, Scotland

As Arbitrator

Arbitrators (for many years known in Scotland as "arbiters") specialise in deciding disputes which disputing parties - or someone appointed by the parties - give them to resolve. The arbitrator's decision is final and binding on the parties and can be enforced like a court judgment. Internationally they are more enforceable than a court judgment. 

I am a Fellow of the Chartered Institute of Arbitrators and have acted as a sole arbitrator. I also sit as chairman of two statutory tribunals. Both arbitration and my statutory tribunal work has given me valuable experience in case management which is essntial in arbitration. I have practical experience of the following matters: 

• acting fairly and impartially as between the parties

• ensuring each party a reasonable opportunity of putting his case and dealing with that of his opponent

• adopting procedures for deciding the dispute which –
    - avoid unnecessary delay
    - avoid unnecessary expense and
    - provide a fair means for the resolution of the dispute

• issuing a decision on the dispute (known as an “award” or “decree arbitral”) within any time limit stipulated by the parties and without unnecessary delay.

* keeping the privacy of the proceedings and information and documents produced in connection with the proceedings confidential, although there are limited exceptions to confidentiality.

All new arbitrations seated in Scotland have to comply with the Arbitration (Scotland) Act 2010 which revolutionised and set a new standard for arbitration in Scotland for the 21st Century. 

In addition there is a  Scottish Arbitration Code  which parties can sign up to. Under this code the arbitrator is required to issue his award within 6 months of being appointed. This is much quicker than most contested court proceedings. 

Recently I have teamed up with Hew Dundas FCIArb, international arbitrator, and former President of the Chartered Institute of Arbitrators, to write Dundas & Bartos on the "Arbitration (Scotland) Act 2010" the Second Edition containing a commentary on the Act, and its complementary case law. published by W.Green.

For more information about how I can arbitrate disputes in an expert and cost-effective manner click here. A brief c.v. is here.

The Arbitration (Scotland) Act 2010 is reproduced under the terms of Crown Copyright Policy Guidance issued by Her Majesty's Stationery Office (HMSO).