Arbitration (Scotland) Act 2010

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DUNDAS & BARTOS ON THE ARBITRATION(SCOTLAND) (SCOTLAND)ACT 2010 ARBITRATION ND ACT 2010 2ND EDITION EDITION 2 HEW DUNDAS & DAVID BARTOS • PUBLISHING APRIL 2014


Hew Dundas and David Bartos were involved in the drafting of the 2010 Act, which completely revolutionised arbitration in Scotland, and were the first to provide real insight into its workings with their annotated version of the Act which was published on the very day the Act went into force. The Act is truly radical, reflecting what is best and boldest in modern arbitration practice, transforming Scotland into one of the most user-friendly arbitral fora in the world. Here, in this second edition they have expanded the scope of their work considerably to offer the definitive analysis of the Act. Now, at a vantage point to look back at how the legislation has performed and how it has affected the use and conduct of arbitration under Scots Law, the authors provide detailed commentary on and interpretation of each provision of the Act in the context of case law before and after 2010, the Arbitration

Act 1996 and international jurisprudence. While considerably in-depth this title is designed to be used as a practical tool and easily referenced source of answers for arbitrators, arbitration lawyers and others. The provisions of the Act cannot be fully understood without knowledge of the Act as a whole and the historical practical background. This is all covered by this text, providing a clear competitive advantage to those with access to the insight it imparts. The text is completely up-todate, and comprehensive; over 700 cases decided since the first


edition was published have been edition was published considered, including oneshave frombeen considered, including ones 20 non-UK jurisdictions as wellfrom 20 non-UK jurisdictions as well as the CJEC and ECtHR, mirroring as the CJEC and ECtHR, mirroring the highly international nature the highly international nature of arbitration and Scotland’s arbitration Scotland’s newofplace withinand it. The new place within it. The UNCITRAL Model Law and UNCITRAL Model Law and UNCITRAL, ICC and LCIA Rules UNCITRAL, ICC and LCIA Rules are considered in detail, are considered in detail, alongside the implications of the alongside of the Human Rightsthe Actimplications for arbitration. Human Rights Act for arbitration. Hew Dundas, FCIArb, HewDipICArb Dundas,isFCIArb, C.Arb, a C.Arb, a CharteredDipICArb Arbitratorisand Chartered Arbitrator and CEDR-Accredited Mediator CEDR-Accredited Mediator David Bartos, LL.B (Hons), David Bartos, LL.B (Hons), FCIArb is an Advocate FCIArb is an Advocate

ISBN 9780414019270 • PRICE £80 ISBN 9780414019270 • PRICE £80

Key features of tHis BooK: Key features of tHis BooK:

• Provides key guidance from two expert authors involved • the Provides keyofguidance two expert authors involved in drafting the Act –from key insight in the drafting of the Act – key insight • Offers a detailed commentary and interpretation of each • Offers of a detailed interpretation of each provision the Act –commentary allowing youand to know the legislation provision of the Act – allowing you to know the legislation inside out inside out • Contains a wealth of detail, the authors having considered • Contains a wealth of detail, the authors having considered over 700 cases since 2010 – a complete resource over 700 cases since 2010 – a complete resource • Explains modern Scottish arbitration law in the context • the Explains modern Scottishof arbitration law in–the context of historical background the legislation showing of the historical background of the legislation – showing the full picture the full picture • Covers comparative English and other arbitration • Covers comparative English and other laws and CJEC and ECtHR judgments – a arbitration modern laws and CJEC and ECtHR judgments – a modern international viewpoint international viewpoint • References UNCITRAL Model Law and the UNICTRAL, • References UNCITRAL Model Law and the UNICTRAL, ICC and LCIA Rules – ICC and LCIA Rules –

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