Some thoughts on the Draft Arbitration (Scotland) Bill

Citation

(2009), "Some thoughts on the Draft Arbitration (Scotland) Bill", Human Resource Management International Digest, Vol. 17 No. 4. https://doi.org/10.1108/hrmid.2009.04417dad.004

Some thoughts on the Draft Arbitration (Scotland) Bill

Article Type: Abstracts From: Human Resource Management International Digest, Volume 17, Issue 4

Davidson F.The Journal of Business Law (UK), 2009 No. 1, Start page: 44, No. of pages: 24

Purpose – examines a number of key features of the Draft Arbitration (Scotland) Bill produced by the Scottish Parliament. Design/methodology/approach – the provisions of the Bill are outlined in terms of: founding principles; arbitration process; juridical seat; arbitration agreements; separability; and mandatory rules. Describes the “Rules” as they relate to setting up the tribunal, operation of the arbitral tribunal, and awards. Pays particular attention to the issue of confidentiality which is currently not addressed by the Bill. Findings – while admitting that some of the Bill’s provisions may give rise to difficulties and that certain of those provisions are arguably misguided or at least require clarification, it is concluded that the great majority of its provisions are extremely helpful and that the enactment of the Bill would modernize Scottish law as regards to the field of arbitration. Originality/value – addresses the extent to which the Bill would be an effective, comprehensive, and modern arbitration statute. ISSN: 0021-9460 Reference: 38AC588

Keywords: Arbitration, Employment law, Company law, Industrial law, Labour law, Scotland