Civil Engineering Reference
In-Depth Information
Rule 67: Challenging an award: substantive jurisdiction: MANDATORY
ApartymayappealtotheOuterHouseoftheCourtofSessionagainstatribunal's
awardonthegroundthatthetribunaldidnothavejurisdictiontomaketheaward.
AppealtotheInnerHouseispossiblewithleaveoftheOuterHouse.heInnerHouse's
decision on such an appeal is final.
Rule 68: Challenging an award: serious irregularity: MANDATORY
A party may appeal to the Outer House against a tribunal's award on the ground
of serious irregularity as defined. For a recent indication of how similar provisions
havebeenappliedinEngland,see
Atkins Ltd
v.
Secretary of State for Transport
(2013).
AppealtotheInnerHouseispossiblewithleaveoftheOuterHouse.Hereagain,the
Inner House's decision on such an appeal is said to be 'final'.
Rule 69: Challenging an award: legal error: DEFAULT
A party may appeal to the Outer House against the tribunal's award on the ground
that the tribunal erred on a point of Scots law.
Rule 70: Legal errors appeal: procedure: MANDATORY
A legal error appeal may be made only with the agreement of the parties or with leave
oftheOuterHouse.LeaveisonlytobegrantediftheOuterHouseissatisiedthat:(a)
deciding the point will substantially affect a party's rights; (b) the arbitration tribunal
was asked to decide the point; and (c) the decision was 'obviously wrong' or, where
the court considers the point of law to be one of general importance, the arbitrator's
decision is open to serious doubt.
The first successful application for leave to appeal on grounds of legal error was
issued in October 2011 (
Arbitration Application No. 3 of 2011
) in which Lord Glennie
gives general guidance for parties on the procedural aspects of such applications and
how they will be approached by the court. The aim is to ensure that the procedure is
speedy, simple and flexible, reflecting the founding principles set out in Section 1 of
the 2010 Act. The Outer House's determination on an application for leave is final.
It was noteworthy that in that case, though leave to appeal was granted, Lord
Glennie eventually held that there had been no error in law by the arbitrator. An
example of the Court upholding a legal error challenge is to be found in the decision
of Lord Malcolm in
Manchester Associated Mills Limited
v.
Mitchells & Butler Retail
Ltd
(2013).
The Outer House may decide a legal error appeal by:
(a) confirming the award;
(b) ordering the tribunal to reconsider the award; or
(c) if it considers reconsideration inappropriate, setting aside the award.
