The Arbitration (Scotland) Act 2010 has introduced significant and welcome changes to the law and practice of arbitration in Scotland, sweeping away centuries of inconsistency and uncertainty. Following the much-needed and long-awaited codification of the old common law, will Scotland’s popularity improve as a cost-effective and efficient seat for arbitration on the international stage? This article details the history of arbitration in Scotland and explains how the provisions of the 2010 Act will rectify the unsatisfactory system of arbitration that it is overruling. Although it remains to be seen to what extent the 2010 Act will affect Scotland’s reputation as a credible seat for international arbitrations, both Scots lawyers and non-lawyers alike are optimistic that the impact will be positive.
Journal of International Arbitration