Guidance Notes on the Rules
1 It is intended that these Rules will apply to all arbitrations conducted under the auspices of the Arbitration Service of the Law Society of Scotland, but their applicability depends on the parties' agreeing to be bound thereby and appointing the Arbiter to act subject to the Rules.
2 In terms of section 3(l) of the Administration of justice (Scotland) Act 1972:
'Subject to express provision to the contrary in an agreement to refer to arbitration, the arbiter or oversman may, on the application of a party to the arbitration, and shall, if the Court of Session on such an application so directs, at any stage in the arbitration state a case for the opinion of that Court on any question of law arising in the arbitration.'
If, therefore, the parties do not wish the statutory provision to apply so as to permit appeals by way of stated case to the court from the Arbiter in certain circumstances, the terms of the above section must be specifically excluded in terms such as:
'The provisions of section 3(l) of the Administration of justice (Scotland) Act
1972 shall not apply to this agreement to refer to arbitration.'
