{
  "url": "https://openlegislation.uk/contract-third-party-rights-scotland-act-2017/section-9",
  "json_url": "https://openlegislation.uk/contract-third-party-rights-scotland-act-2017/section-9.json",
  "legislation": "asp/2017/5",
  "legislation_title": "Contract (Third Party Rights) (Scotland) Act 2017",
  "legislation_url": "https://openlegislation.uk/contract-third-party-rights-scotland-act-2017",
  "path": "section/9",
  "kind": "section",
  "number": "9",
  "heading": "Arbitration",
  "text": "(1) In relation to a dispute to which subsection (2) or (3) applies, the person who has the third-party right mentioned in subsection (2) or (as the case may be) (3) is to be regarded as a party to the arbitration agreement mentioned in that subsection.\n(2) This subsection applies to a dispute if—\n(a) the dispute concerns an undertaking being enforced or otherwise invoked by virtue of a person's third-party right to do so, and\n(b) an arbitration agreement provides for a dispute on the matter under dispute to be resolved by arbitration.\n(3) This subsection applies to a dispute if—\n(a) subsection (2) does not apply to the dispute,\n(b) an arbitration agreement provides for a dispute on the matter under dispute to be resolved by arbitration,\n(c) a person has a third-party right to enforce or otherwise invoke an undertaking to resolve a dispute on the matter by arbitration under the agreement, and\n(d) the person who has the third-party right has—\n(i) submitted the dispute to arbitration, or\n(ii) sought a sist of legal proceedings concerning the matter under dispute on the basis that an arbitration agreement provides for a dispute on the matter to be resolved by arbitration.\n(4) For the purpose of subsection (3)(d)(i), the person who has the third-party right is to be regarded as having submitted the dispute to arbitration if the person has done whatever a party to the agreement would need to do in order to submit the dispute to arbitration.\n(5) A person is not to be regarded as having renounced a third-party right to enforce or otherwise invoke an undertaking to resolve a dispute by arbitration by bringing legal proceedings in relation to the dispute.\n(6) In this section—\n“arbitration agreement” has the meaning given by section 4 of the Arbitration (Scotland) Act 2010, and\n“dispute” is to be construed in accordance with section 2(1) of that Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 9 in force at 26.2.2018 by S.S.I. 2018/8, reg. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2017/5/section/9",
    "retrieved_at": "2026-10-29T20:13:21.485376+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}