Parties' Intention and the Future Internationalisation of Scottish Arbitration - A Review of Scottish Cases post 2010

Abstract

This research investigates the convergence between Scottish and English judicial approaches to arbitration, particularly in the areas of interpretation of arbitration agreements, the principle of party autonomy, and minimal judicial intervention. An analysis of 43 Scottish judgments on arbitration since the promulgation of the Arbitration (Scotland) Act 2010 demonstrates strong parallels between the legal reasonings applied by both jurisdictions. This is also evident in the pro-arbitration attitude articulated by Lords Woolman, Clark, and Braid. It is hoped that this research represents the first step in introducing Scotland and its internationalisation of arbitration to an international audience and preparing it to become an international arbitration hub in the future.