Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration agreement definition

What does Arbitration agreement mean? An arbitration agreement is the parties’ agreement to refer present or future disputes to arbitration instead of litigating in court. It is usually an arbitration clause in the main contract or a separate submission agreement, and typically sets the seat of arbitration, the appointing mechanism for the tribunal, the number of arbitrators and any institutional rules. It does not itself appoint the arbitrator, and the arbitrator is not a party to the arbitration agreement. The concept is defined in legislation: section 6 of the Arbitration Act 1996 (England, Wales and Northern Ireland), section 4 of the Arbitration...

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

Published by a LexisNexis Arbitration expert

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. Nonetheless, Scotland has preserved a distinct legal order with its own laws and courts. That position endures, with Scotland maintaining its own courts and laws today...

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Professor Brandon Malone , FCIArb

Barrister, Arbitra

• Brandon Malone is an experienced international arbitrator specialising in complex commercial disputes with an emphasis on the construction, engineering and energy sectors, and experience in crypto asset disputes. He also regularly sits as adjudicator, mediator and expert determiner.• Brandon has over 30 years of experience as a dispute resolution lawyer and is qualified as an advocate in Scotland and as a barrister in England & Wales.• Brandon has conducted numerous arbitrations under a variety of rules including those of LCIA, AAA, CIArb and ICDR. He is a member of the FIDIC President's List of Approved Dispute Adjudicators and is able to accept complex high-value appointments as a dispute board member.• Brandon was the architect of the Scottish Arbitration Centre, having devised the structure of the Centre for the Scottish Government and implemented the proposals. He chaired the Centre’s Board from its inception in 2011 until 2022....

Web page updated on 21/05/2026

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