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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Some Thoughts on the Scottish Arbitration Code 2007
Author(s): Davidson, Fraser
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Keywords: Law
Arbitration and award Scotland
Issue Date: Nov-2008
Date Deposited: 27-Mar-2009
Citation: Davidson F (2008) Some Thoughts on the Scottish Arbitration Code 2007. Arbitration: the Journal of the Chartered Institute of Arbitrators, 74 (4), pp. 348-359.
Abstract: November 2007 saw the launch of the new Scottish Arbitration Code by the Scottish Branch of the Institute. This replaces the 1999 version of the Code, which was promulgated not only by the Branch but also by the Scottish Council for International Arbitration and the Scottish Building Contract Committee. The new Code is also known as the Scottish Arbitration Rules 2007. This is helpful, as individuals like myself will no longer need to explain to our foreign students why the ‘Code’ has no actual legislative status, but only applies if adopted by the parties. The Code was originally designed to apply in the construction and engineering industries, and while it was ultimately decided that it could apply in all forms of arbitral proceedings, its origins may be detected in certain provisions. This short article does not seek to provide a comprehensive survey of the Code, but rather seeks to draw attention to noteworthy features and the questions which may be raised thereby.
Rights: The Chartered Institute of Arbitrators has granted permission for use of this article in this repository, stating: "We are happy for you to make the article in question available in your university repository, with the proviso that the work is properly referenced, used in its whole form as published and recognition is correctly attributed". The article was first published in Arbitration: the Journal of the Chartered Institute of Arbitrators by the Chartered Institute of Arbitrators.

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