Paragraph 198S I1

Scotland

For the purposes of paragraph 195S, “serious irregularity” means an irregularity of one or more of the following kinds which the Court considers has caused or will cause substantial injustice to the appellant—

(i)

failure by the arbitrator to comply with Part X above (General Duty of Arbitrator);

(ii)

the arbitrator exceeding his or her powers (otherwise than by exceeding its substantive jurisdiction (as defined in paragraph 191S above));

(iii)

failure by the arbitrator to conduct the proceedings in accordance with the procedure set out in the Scheme;

(iv)

failure by the arbitrator to deal with all the issues put to him or her;

(v)

ACAS exceeding its powers;

(vi)

uncertainty or ambiguity as to the effect of the award;

(vii)

the award having been obtained by fraud or the way in which it was procured being contrary to public policy; or

(viii)

any irregularity in the conduct of the proceedings or in the award which is admitted by the arbitrator or ACAS.

Annotations

Commencement

I1: Sch. para. 198S in force at 6.4.2004, see art. 1(1)