Arbitration Appeal No 3 of 2022 - 2023 ScotCS CSOH 69 - 06 October 2023
Country
Year
2023
Summary
By this petition the petitioners challenge the Part Award of an Arbitrator dated 12 April 2022 (the "Third Part Award").
The petitioners challenge the Third Part Award on two grounds. The first ground is said to concern jurisdiction under rule 67 of the Scottish Arbitration Rules. A ground of appeal advanced on this basis does not require leave to appeal. As an alternative, the petitioners advance this first ground as a legal error appeal pursuant to rule 69 and 70 of the Scottish Arbitration Rules. The second ground advanced by the petitioners is also made on this basis. Grounds of appeal made under rules 69 and 70 require the leave of the court to proceed unless they are made with the agreement of the parties.
In related proceedings (Arbitration Appeal No 2 of 2022 (P397/22)), the respondent in the present proceedings also challenges the Third Part Award. The ground advanced by the respondent in the related proceedings also alleges a legal error by the Arbitrator pursuant to rules 69 and 70 of the Scottish Arbitration Rules. The present petitioners are respondents in those proceedings.
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