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Sist meaning
What does Sist mean?
In practice, sist means either: (1) to pause or stay court proceedings (a sist of process), or (2) to summon, add or substitute a person as a party (to sist a party). It is a well‑established Scots law term found in court rules and case law rather than a single statutory definition; Irish courts also use “sist” descriptively to denote a stay. In England & Wales and Northern Ireland, the preferred term is “stay” (for pausing proceedings) and “add/join or substitute a party” (for parties), though “sist” appears in older authorities.
A sist of process is commonly granted on cause shown—for example, to await the outcome of related proceedings, for settlement discussions or ADR, pending insolvency or administration events, or to secure compliance with an order. It generally suspends procedural steps and time limits until the court recalls the sist.
To sist a party refers to bringing in or substituting a person with a legal interest or responsibility in the cause (for example, a trustee, liquidator, assignee, executor or insurer), ensuring the correct parties are before the court. Applications are made by motion and determined at the court’s discretion by reference to relevance, necessity and procedural fairness.
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View the related News about Sist
NEWS
Arbitration update: Privy Council ends Salford approach for winding up petitions in England and Wales; EU exits ECT; UK ratifies HCCH 2019 Judgments Convention; Scottish sist guidance; international highlights
In this issue: Arbitration in England and Wales International Arbitration Investmenty treaty arbitration Institutional and ad hoc arbitration Sector- and industry-specific arbitration Other arbitration and ADR-related news and developments General Election 2024 New Law Journal LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England and Wales Privy Council—insolvency proceedings vs choice of forum clauses In Sian Participation v Halimeda [2024] UKPC 16, the Privy Council ruled that the Salford approach should be dispensed with. Even where the debt stems from a contract containing an arbitration clause or an exclusive jurisdiction clause, a creditor may petition to wind up the debtor company unless the company can show the liability is disputed on genuine substantial grounds. The mere presence of a choice of forum clause within the underlying agreement does not affect the ordinary threshold test that applies...
04 July
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NEWS
Scotland: Indefinite arbitration sists (stays) refused; Court of Session retains case-management discretion under Arbitration (Scotland) Act 2010 section 10 - Briggs Marine Contractors v Bakkafrost Scotland [2024] CSOH 63
Briggs Marine Contractors Ltd v Bakkafrost Scotland Ltd [2024] CSOH 63 What are the practical implications of this case? This ruling matters for advisers handling disputes subject to arbitration agreements. The court reaffirmed that it retains control over its own rolls, notwithstanding statutory mechanisms such as A(S)A 2010, s 10. Although an arbitration agreement may compel a sist, the court is not obliged to let proceedings sit on the shelf forever without considering whether that course is sensible and worthwhile. Practitioners should caution clients that the existence of an arbitration clause does not secure a perpetual stay. This decision highlights the need to set out specific, tangible reasons for leaving an action sisted when a motion to dismiss is tabled. It follows that a mandatory sist arising from an arbitration agreement co-exists with the court’s ongoing responsibility to manage the rolls. Where dismissal is sought, the party resisting must identify clear, practical benefit in maintaining the sist. The message is that prompt and efficient dispute resolution, particularly in the...
02 July
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