GENERAL

Apart from demonstrating their intention to subject themselves to the jurisdiction of arbitration, the first step the parties have to take in order to resolve the dispute between them is to appoint an arbitrator or a number of arbitrators to compose an arbitral tribunal. Before the coming into force of the Arbitration (Scotland) Act 2010, the term “arbiter” was commonly used in Scots law. An arbiter is defined as a person appointed by the parties to determine the disputes only in accordance with the law. However, a study into the practice of international commercial arbitration indicates that the term “arbitrator” is widely used and international arbitrators not only apply the law but also apply general equitable considerations to determine the disputes between the parties. Consequently, in order to keep up with modern international arbitration practice, the term “arbitrator” is used throughout the Act. According to s 2(1) of the Arbitration (Scotland) Act 2010, “arbitrator” is defined as a sole arbitrator or a member of a tribunal, while “tribunal” means a sole arbitrator or panel of arbitrators. As an arbitrator is essential in deciding the disputes between the parties, the Arbitration (Scotland) Act 2010 provides detailed provisions governing the appointment of arbitrators, jurisdiction of arbitrators, duties of arbitrators, powers of arbitrators and immunity of arbitrators, as well as the issues of the arbitrator's expenses and fees. All these issues will be discussed in turn in this chapter.