Arbitration: Scottish government issues consultation on removing ability to contract out of 2010 Act

This consultation is relevant to anyone who is either involved or interested in arbitration as provided for in the 2010 Act.

The purpose of the draft Order is to remove the ability of arbitrating parties to contract out of using the new arbitration law provided for by the 2010 Act. It will no longer be possible for parties to agree that the Act will not apply to an arbitration, and the old law will be repealed.

The consultation on the draft Order will run for a shorter period of 10 weeks. This is because the consultation is considered to be more targeted towards those with an interest or involvement in arbitration, as per the legislative requirement.

The act states that before the Scottish government can make an order repealing the use of old arbitration law, ministers must consult those appearing to have an interest in the law of arbitration as they see fit. This may include, but is not limited to, the arbitration and legal service sectors as well as those with a consumer interest.