Some Thoughts on the Scottish Arbitration Code 2007

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.