Civil Engineering Reference
In-Depth Information
An appeal may be made to the Inner House against the Outer House's decision on a
legalerrorappealwithleaveoftheOuterHouse.Hereagain,theInnerHouse'sdeci-
sion on such an appeal is final.
It should be noted that Rule 71, a mandatory rule, contains certain important sup-
plementary provisions regarding the challenging of awards.
A new chapter has been added to the Court of Session Rules (Chapter 100) dealing
with applications and appeals under the Scottish Arbitration Rules.
Rule 76: Loss of right to object: MANDATORY
This rule provides that a party who participates in an arbitration without making
a timeous objection on certain grounds may not raise that objection later. The
grounds are:
•
Arbitrator ineligible to act.
•
Arbitrator not impartial and independent.
•
Arbitrator has not treated parties fairly.
•
Tribunal does not have jurisdiction.
•
Arbitration has not been conducted in accordance with the arbitration agree-
ment/Scottish Arbitration Rules/any other agreement of the parties.
