The Scottish Building Contract Committee Ltd has announced it will make Scottish arbitration the default dispute resolution mechanism in its contracts. Len Bunton, Chairman of SBCC Ltd said:
“Currently where parties do not apply for arbitration then court proceedings apply by default. The SBCC is proposing to reverse that position and make arbitration the default option in the next issue of the SBCC Contracts.”
The announcement was made at the Scottish Arbitration Centre’s annual arbitrator training day on 4 September. The event, which was sponsored by Hill International, took place at the Mackenzie Building in Edinburgh courtesy of the Faculty of Advocates. Around 40 delegates from various professions attended the event. During the training day leading practitioners provided an update on developments in arbitration and related case law and gave guidance on practical aspects. Sir David Edward QC, Honorary President of the Centre, provided the keynote speech. Other speakers includedBrandon Malone, Chairman of the Centre; Andrew Mackenzie, Chief Executive of the Centre; Gordon Reid QC, a Director of the Centre; and Ana Stanic; E&A Law and CEPMLP. The workshops, which focused on energy arbitration, were coordinated by Ana Stanic and Hew Dundas, Honorary Vice President of the Centre. There was also a debate on Scottish independence and its implications for international arbitration between Jonathan Mitchell QC, Lawyers for Yes, and Patrick Layden QC TD, Lawyers Together, which was chaired by Dr Fiona Grant, Chairperson for RICS UK and Ireland World Regional Board.
Brandon Malone, Chairman of the Centre, who is a specialist in construction and arbitration law, said:
“We welcome the announcement by SBCC that it will make Scottish arbitration the default dispute resolution mechanism in its contracts. This decision is another significant milestone for the renewal of arbitration in Scotland following the passing of the Arbitration (Scotland) Act 2010. It follows a similar announcement from the Scottish Government earlier this year in respect of its goods and services contracts.”
Andrew Mackenzie, Chief Executive of the Centre, added:
“We understand that arbitration business is generally on the increase in Scotland, and have been informed that the Scottish Arbitration Rules and the Centre as an appointing body have been inserted into numerous private sector contracts. This bodes well for the domestic arbitration market, and our training day demonstrated the interest from Scottish professionals in this developing industry.”