Court user group set up for arbitration practice
A new Arbitration Court User Group has been set up at the Court of Session for legal professionals and others involved in arbitration matters in Scottish courts.
Lord Clark, a judge in the Commercial Court of the Court of Session and recently appointed Arbitration Judge, announced the move following the annual arbitrator training day at the Scottish Arbitration Centre in Edinburgh.
It is intended that the group, which will be chaired by Lord Glennie, will provide a forum for those with an interest in arbitral law to come together to discuss arbitration practice and procedure. Other members will be Lord Clark, Andrew Mackenzie and Brandon Malone, respectively chief executive and chair of the Scottish Arbitration Centre, Robert Howie QC, Garry Borland QC, Jonathan Broome, advocate, Sheila Webster, solicitor, partner in Davidson Chalmers LLP, David Anderson, solicitor, partner in Shepherd and Wedderburn LLP, Janey Milligan, quantity surveyor, adjudicator and arbitrator, managing director of Construction Dispute Resolution, and Richard Farndale, solicitor, director of Burness Paull LLP and chair of the Scottish Branch of the Chartered Institute of Arbitrators.
The group may, in due course, also be able to offer views on the operation and effectiveness of Scotland’s arbitration law, with a view to assisting in reinforcing the message to the international community that the court supports arbitration.
Similar user groups already exist for personal injury lawyers and those taking cases in the Commercial Court.
Addressing an audience of domestic and international arbitrators, Lord Clark said: “The principal purpose of the group is to provide a forum for consultation, discussion and feedback on arbitration matters that come before the court, involving judges, legal professionals and others with relevant expertise. The primary focus will be consideration of practice and procedure. As a result of carrying out this function, the group may in due course be able to offer views on the operation and effectiveness of the Arbitration (Scotland) Act 2010.”
He commented that since the passing of the Arbitration (Scotland) Act 2010, momentum had gathered towards an increased use of the procedure in Scotland. The establishment of the Scottish Arbitration Centre and the work of its senior personnel in promoting arbitration had been an important feature of that process.
The new group would be "a proper channel for straightforward and frank discussion as to how practices and procedures are working, and how they could be improved".
Welcoming the move, Andrew Mackenzie said: "Given there are only two other such groups, one for commercial matters and one for personal injury cases, it emphasises the importance the Court in Scotland places on ensuring its approach to arbitration remains supportive.
"This positive step by the court is an important step in ensuing Scotland is viewed as an attractive seat for both domestic and international arbitration. I am not aware of another jurisdiction that has such a group and the move further enhances Scotland’s reputation as it prepares to host the ICCA Congress in 2020."