Arbitration Act 2010 / Stated Case Procedure Flashcards
(39 cards)
What legislation introduced the Stated Case procedure in Scotland?
Answer: The Administration of Justice (Scotland) Act 1972.
What are the main limitations of the Stated Case procedure?
Answer: Perceived lack of impartiality or independence, lack of clarity on criteria for granting leave to appeal, inconsistency in application.
Which case illustrates the use of the Stated Case procedure?
Answer: Balfour Kilpatrick Limited v Melville Dundas.
What are the main aims of the Arbitration (Scotland) Act 2010?
Answer: Fairness, impartiality, minimizing expense, and efficiency.
Which rule under the Arbitration (Scotland) Act 2010 allows the tribunal to correct an award to remove ambiguities?
Answer: Rule 58
Question 6: Which rule permits a party to appeal the tribunal’s award to the Outer House based on an error in Scots law?
Answer: Rule 69
Which rule outlines the process for appealing a legal error?
Answer: Rule 70
In which part of the Arbitration (Scotland) Act 2010 can parties appeal the tribunal’s decision to the Outer House and, if granted leave, to the Inner House?
Answer: Part 8 of the Act.
What was the main purpose of the Stated Case procedure?
Answer: The main purpose of the Stated Case procedure was to provide a form of appeal on questions of law to the Court of Session.
What case illustrates inconsistency in the application of the Stated Case procedure?
Answer: John McGregor v Grampian Regional Council.
Which rule under the Arbitration (Scotland) Act 2010 addresses legal questions related to the tribunal’s authority to decide on specific matters?
Answer: Rule 67
What are the specific conditions that must be met for the Outer House to grant leave for an appeal under Rule 70?
Answer: The point substantially affects a party’s rights and the tribunal’s decision being obviously wrong or open to serious doubt.
Which rule provides additional provisions for jurisdictional, serious irregularity, and legal error appeals?
Answer: Rule 71
How did the Arbitration (Scotland) Act 2010 address the limitations of the Stated Case procedure?
Answer: The Act introduced a new, mandatory appeal procedure that provides a more streamlined, consistent, and impartial process for appealing an arbitrator’s decision on points of law.
What are the key benefits of the appeal procedure introduced by the Arbitration (Scotland) Act 2010 compared to the Stated Case procedure?
Answer: The key benefits include a more streamlined and consistent process, a clear path for appealing on points of law, and ensuring impartiality in the process.
What is the purpose of Rule 58 under the Arbitration (Scotland) Act 2010?
Answer: Rule 58 allows the tribunal to correct an award to remove ambiguities, upon a party’s application, ensuring that the final award is clear and accurate.
What is the main focus of Rule 67 under the Arbitration (Scotland) Act 2010?
Answer: Rule 67 focuses on challenging an award based on substantive jurisdiction, addressing legal questions related to the tribunal’s authority to decide on specific matters.
Which court can hear appeals under the Arbitration (Scotland) Act 2010?
Answer: The Outer House of the Court of Session.
In the context of the Arbitration (Scotland) Act 2010, what is the primary difference between the Stated Case procedure and the new appeal procedure?
Answer: The primary difference is that the new appeal procedure is more streamlined, consistent, and impartial compared to the Stated Case procedure, which had limitations such as a perceived lack of impartiality, inconsistency in application, and unclear criteria for granting leave to appeal.
How does the Arbitration (Scotland) Act 2010 ensure impartiality in the appeal process?
Answer: The Act ensures impartiality through a mandatory, comprehensive set of rules that govern the appeals process, providing clear and consistent guidelines for all parties involved in the arbitration.
What is the main advantage of the new appeal procedure under the Arbitration (Scotland) Act 2010 in terms of its impact on the arbitration landscape in Scotland?
Answer: The main advantage is the significant improvement in the arbitration landscape in Scotland, offering a more robust and accessible system for dispute resolution compared to the previous Stated Case procedure.
What was the primary goal of replacing the Stated Case procedure with the new appeal procedure under the Arbitration (Scotland) Act 2010?
Answer: The primary goal was to create a more streamlined, consistent, and impartial process for appealing an arbitrator’s decision on points of law.
Question 24: Under which rule of the Arbitration (Scotland) Act 2010 can parties appeal the tribunal’s award based on jurisdictional grounds to the Outer House?
Answer: Rule 67
How does Rule 70 of the Arbitration (Scotland) Act 2010 ensure consistency in granting leave to appeal?
Answer: Rule 70 ensures consistency by outlining specific conditions that must be met for the Outer House to grant leave, such as the point substantially affecting a party’s rights and the tribunal’s decision being obviously wrong or open to serious doubt.
