Arbitration Appeal Number 1 of 2023 - 2023 ScotCS CSOH 78 - 08 November 2023
Country
Year
2023
Summary
OPINION OF LORD RICHARDSON in the Petition ARBITRATION APPEAL NO 1 OF 2023
Introduction
[1] The petitioner challenges the Part Award of an arbitrator dated 10 March 2023.
[2] The petitioner challenges the Part Award on two grounds. The first ground is said to concern a serious irregularity under rule 68 of the Scottish Arbitration Rules. A ground of appeal advanced on this basis does not require leave to appeal. As an alternative, the petitioner submits that the arbitrator has made a legal error. This ground of appeal is advanced pursuant to rules 69 and 70 of the Scottish Arbitration Rules. Grounds of appeal made under these rules require the leave of the court to proceed unless they are made with the agreement of the parties.
[3] The respondent does not agree to the legal error appeal being made by the petitioner. Accordingly, the petitioner seeks leave to advance its legal error appeal. The respondent has lodged grounds of opposition resisting the grant of leave.
[4] In terms of rule 70(5) of the Scottish Arbitration Rules, I am to determine the petitioner's application for leave without a hearing unless I am satisfied that a hearing is required. Having considered the papers, I am not so satisfied and, accordingly, deal with the issue of leave in this opinion.
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