The State Of Scottish Arbitration : New Bill And New Code.Background Scotland does not currently have a single statute regulating the law governing domestic and international arbitration International arbitration is the established method today for resolving disputes between parties to international commercial agreements. As with arbitration generally, it is a creature of contract, i.e. . Unlike many countries which seek to promote themselves as ideal venues for the resolution of disputes through arbitration, the sources of Scotland's domestic arbitration law in particular, are wide-spread and difficult to identify. The law governing international arbitrations is easier to find. Old Bill In 2002, the Arbitration (Scotland) Bill was launched, aiming to combine Scotland's domestic and international arbitration law into a single source. Unfortunately, the Bill failed to attract sufficient political backing and did not advance through the Parliamentary process. New Bill At the beginning of November 2007, however, hopes for a new single Scottish arbitration statute re-emerged, courtesy of Scotland's Justice Secretary Kenny MacAskill Kenny MacAskill (born 28 April 1958) is an Scottish National Party politician, the Cabinet Secretary for Justice and Member of the Scottish Parliament for Edinburgh East and Musselburgh since 2007. . Mr MacAskill has chosen to lend his support to the advancement in Scotland of alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce ("ADR ADR - Astra Digital Radio ") such as arbitration, adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. and mediation mediation, in law, type of intervention in which the disputing parties accept the offer of a third party to recommend a solution for their controversy. Mediation has long been a part of international law, frequently involving the use of an international commission, , and wants the courts to be the venue of last resort for settling disputes. He has also expressed an intention to establish a government accreditation scheme for agencies offering arbitration services. The aim is for Scotland to build on its already well-developed expertise in ADR with the long term goal of Scotland being seen as an international leader in the field; and becoming a venue of choice for global companies choosing where to resolve their cross-border commercial disputes. Recognised as an area of growth in line with developing world trade, a clearly defined and effective arbitration procedure could result in a boost for Scotland's economy. A new arbitration bill is due to be issued in the Spring of 2008. No indication has yet been given as to whether the preceding Bill will be used as a template, or to what extent the new bill may be based on England's well-respected Arbitration Act. Dispute Resolution Centre Importantly, and in addition to creating a modern statute governing arbitration, the Scottish Government The Scottish Government (SG) (Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of government of Scotland. It was established in 1999 as the Scottish Executive also wants to develop a designated dispute resolution centre, with the suggested location of Edinburgh, to help attract international disputes, in addition to domestic ones. What Next? We will follow the development of the bill once it has been launched and provide an update on its content, application and the potential impact it will have. New Code In the meantime Adv. 1. in the meantime - during the intervening time; "meanwhile I will not think about the problem"; "meantime he was attentive to his other interests"; "in the meantime the police were notified" meantime, meanwhile , the Scottish Arbitration Code, an excellent and readily-accessible body of Rules, first launched in 1999 and revised and re-launched in November 2007, remains available for adoption by parties to a dispute wishing to have the dispute arbitrated in Scotland. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Mr David Scott
McGrigor Donald Erskine House 68-73 Queen Street Edinburgh EH2 4NF UNITED KINGDOM Click Here for related articles (c) Mondaq Ltd, 2008 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com |
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