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Scottish arbitration under the Arbitration (Scotland) Act 2010: Scottish Arbitration Rules, court powers and appeals, confidentiality, appointments, differences from the Arbitration Act 1996, and recent case law
PRACTICE NOTES
This Practice Note provides a primer on arbitration in Scotland under the Arbitration (Scotland) Act 2010 (A(S)A 2010) and associated topics. It concentrates on how A(S)A 2010 diverges from the Arbitration Act 1996 (AA 1996) as it applies in England, Wales and, separately, Northern Ireland (using ‘England’ and ‘English’ as convenient shorthand). For an overview of AA 1996, see Practice Note: A guide to the Arbitration Act 1996 (AA 1996). Background to A(S)A 2010 Scotland’s legal system (‘Scots law’) evolved independently from that of England and Wales. Its foundations lie in customary law, canon (church) law and Roman law, brought into Scotland in the late medieval era when Scottish jurists returned from study in the Netherlands and other continental European jurisdictions. After the 1707 union of the Scottish and English parliaments, a single parliament legislated for both Scotland and England.
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