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.
Given this role the job of an arbitrator is to –
• act fairly and impartially as between the parties
• give each party a reasonable opportunity of putting his case and dealing with that of his opponent
• adopt procedures for deciding the dispute which –
- avoid unnecessary delay
- avoid unnecessary expense and
- provide a fair means for the resolution of the dispute
• issue a decision on the dispute (known as an “award” or “decree arbitral”) within any time limit stipulated by the parties and without unnecessary delay.
An arbitrator must maintain the privacy of the proceedings and to keep information and documents produced in connection with the proceedings confidential, although there are limited exceptions to confidentiality.
Aside from limited cases an arbitrator’s award is final and cannot be challenged in order to ensure closure to the dispute one way or the other.
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.
The Scottish Parliament has enacted the Arbitration (Scotland) Act 2010 which came into force on 7 June 2010. It has revolutionised and set a new standard for arbitration for the 21st Century. The potential of arbitration to serve the needs of parties in dispute has not been so promising for many years.
For more information about arbitration in general, I and my co-authors Hew Dundas, international arbitrator, and Professor Fraser Davidson of Stirling University have written the Commentary to the Arbitration (Scotland) Act 2010, published by W.Green recommended price £ 70.
For more information about my arbitral services, please go to FAQ section of this website.
The Arbitration (Scotland) Act 2010 is reproduced under the terms of Crown Copyright Policy Guidance issued by Her Majesty's Stationery Office (HMSO).
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