Law Society of Scotland
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Scottish solicitors have new opportunity with Arbitration Act

The Law Society of Scotland welcomes the commencement of the Arbitration (Scotland) Act 2010.

The Act, which was passed by the Scottish Parliament in November last year, received Royal Assent in January and comes into force on Monday (7 June).

The Society’s Arbitration Working Party, and the Law Reform Department, worked hard last year to help amend and improve the legislation. Michael Clancy, Director of Law Reform at the Society said: “We now have a modern and comprehensive statutory framework which reflects the best principles of arbitration while also giving parties a great deal of flexibility.

“The Act will make it easier to use arbitration as a means of resolving disputes. It also provides Scottish solicitors with an opportunity to attract new business under the new regime. Scotland, with its excellent legal services, reasonable costs and effective legislation, now has the potential to grow as a centre for international arbitration.

“I would encourage solicitors to advise clients about arbitration as a possible means of dispute resolution, and to consider the use of arbitration clauses when drafting commercial contracts. “

To mark the new Act and to explore some of the opportunities for business, the Law Society of Scotland, the Chartered Institute of Arbitrators, the Faculty of Advocates and the University of Edinburgh have joined together to organise a conference.

Presented by some of the leading practitioners in Scotland and worldwide, the full day event will include an analysis of the Act’s key provisions – how they will be applied, when to use them, and why arbitration is a preferred remedy. More information about the conference and a full programme can be found at: http://www.lawscot.org.uk/update/Event.aspx?e=487

The Society is also delighted that the Scottish Government has accepted its application to be an ‘Arbitral Appointments Referee’ under this Act.

Neil Stevenson, Director of Representation and Support for the Society explains:

“For many years we have acted as an appointing body for arbitration in Scotland. We applied to be formally recognised under the new legislation, and proposed a scheme where the Society will provide training, registration, and operate disciplinary procedures, designed to ensure that arbitrators conduct themselves appropriately.
“This reaffirms the position of Scottish solicitors at the heart of dispute resolution in Scotland." 

June 4, 2010


FOR FURTHER INFORMATION: Please contact Suzy Powell on 0131 476 8115 or Louise Docherty on 0131 476 8204. For the out of hours service please call 0131 226 7411.
Email: suzypowell@lawscot.org.uk or louisedocherty@lawscot.org.uk