The group

The Arbitration Court User Group was established to provide a forum for consultation, discussion and feedback between judges, legal professionals and others involved in arbitration matters in Scottish courts.

The announcement of the formal establishment of the group was made on Thursday 21 September 2017 by Lord Clark, a Commercial Court Judge and Arbitration Judge, at the Scottish Arbitration Centre in Edinburgh. 

The principal purpose of the group, which is chaired by Lord Clark is to provide a forum for consultation, discussion and feedback on arbitration matters that come before the court, involving judges, legal professionals and others with relevant expertise. The primary focus will be consideration of practice and procedure. As a result of carrying out this function, the group may in due course be able to offer views on the operation and effectiveness of the Arbitration (Scotland) Act 2010.

The members of the group are:

• Lord Clark
• Lord Glennie
• Andrew Mackenzie, CEO of the Scottish Arbitration Centre
• Brandon Malone, Chair of the Scottish Arbitration Centre
• Robert Howie QC
• Garry Borland QC
• Jonathan Broome, advocate
• Sheila Webster, solicitor and partner in Davidson Chalmers LLP
• David Anderson, solicitor and partner in Shepherd and Wedderburn LLP
• Janey Milligan, chartered quantity surveyor, adjudicator and arbitrator, managing director of Construction Dispute Resolution
• Torquil Murray, Vice Chair of the Scottish Branch of CIArb
• Donny Mackinnon, Chair of the Scottish Branch of CIArb
• Rob Wilson/Shona Frame of CMS Cameron McKenna Nabarro Olswang LLP
• David Turner, Advocate, Faculty Dispute Resolution Service
• Nicola Marchant (Clerking Services Manager)
• Lorna Morgan (Clerk)

Any communications regarding this group should be addressed to the Secretary, Nicola Marchant at Commercial@scotcourts.gov.uk.

The role of the Court in arbitrations

Section 1 of the Arbitration (Scotland) Act 2010 sets out the founding principles of the Act, the third of which is as follows:

“that the court should not intervene in an arbitration except as provided by this Act”.

In terms Section 13 of the Act, legal proceedings are competent in respect of:

(a) a tribunal’s award, or

(b) any other act or omission by a tribunal when conducting an arbitration, in each case only as provided for in the Scottish Arbitration Rules (in so far as they apply to that arbitration) or in any other provision in the Act.  

In particular, a tribunal’s award is not subject to review or appeal in any legal proceedings except as provided for in Part 8 of the Scottish Arbitration Rules.