Arbitration (Scotland) Act 2010: Ceasing the effect of transitional provision under section 36(3)

Closed 28 Oct 2016

Opened 19 Aug 2016

Published Responses

View submitted responses where consent has been given to publish the response.


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

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will no longer be possible for parties to agree that the Act will not apply to an arbitration, and the old law will be repealed.


Note: 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. We also need to take account of the time required for consideration of the draft Order by the Scottish Parliament, so that we will be ready to bring into force on 1 January 2017.


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Why We Are Consulting

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.


  • People of Scotland


  • Law and Order