Arbitral Appointments

Appointing an arbitrator

Arbitration is a non-judicial process for the settlement of disputes where an independent third party - an arbitrator - makes a decision that is binding. The role of an arbitrator is similar to that of a judge, though the procedures can be less formal and an arbitrator is usually an expert in their own right.

Arbitrations may only proceed if all parties agree to go to arbitration (unless prescribed in statute). Typically, there will be a clause in a contract that states what dispute resolution mechanism is to be used in the event of a disagreement. However, in the absence of a contract, for arbitration to take place all parties must agree. You cannot force the other parties to enter into such an arrangement.

The costs involved in arbitration vary on a case-by-case basis which makes it difficult to determine the total upfront. The arbitrator will set a fee, often an hourly rate. Fees will vary depending on the rate of the professional. If a hearing is required, the costs might increase further if venue fees are required. In addition, parties might want legal representation.

Ad-hoc Appointments

The Centre can appoint arbitrators, subject to a request made by a party or parties. The process is administered by the Court of the Scottish Arbitration Centre (COSAC), which is independent of the Board of the Centre. COSAC will use its knowledge of the domestic and international arbitration sector to appoint an arbitrator in a dispute. COSAC has discretion when it comes to making appointments but in proposing or appointing an arbitrator shall have regard to the Equal Representation in Arbitration Pledge and R.E.A.L (Racial Equality for Arbitration Lawyers.

If you are considering arbitration or requesting that the Centre assists you in appointing an arbitrator, you should first read our directions and guidance and criteria for domestic and international appointments and consider the application form carefully. These documents can be found in our resources section.

On receipt of a valid application to appoint an arbitrator, along with the £300 administration fee, the Centre informs COSAC whether a domestic or an international appointment is required and requests the President of COSAC to convene a meeting of the appropriate members to consider the application and make an arbitral appointment.

We give each member of COSAC a copy of the application. COSAC meets and makes the appointment as soon as reasonably practicable and within two weeks of receipt of the application unless directed otherwise by the Centre.

Any queries should be directed to Davide D’Aleo ([email protected]) in the first instance.

Court of the Scottish Arbitration Centre (COSAC)

Lady Wolffe

President of COSAC

Sarah P L Wolffe, KC (The Hon Lady Wolffe), is a Professor and Honorary Professor, respectively, of the Law Schools of Strathclyde University and Edinburgh University. Her areas of research and teaching include commercial and insolvency law, and civil justice.

Immediately prior to assuming these professorships (November 2021), Sarah sat as a Commercial Judge in the Court of Session, the first woman to be so appointed; presiding in that capacity in 2016 to 2017 and 2018 to 2021. She was appointed to the Court of Session, Scotland’s Supreme Courts, in 2014.

Other current appointments include: Senior Legal Chair of the Financial Reporting Council, General Council Assessor on the Court of Edinburgh University; Commissioner, Marshall Aid Commemoration Committee, President of the Stair Society (promoting the study of Scottish legal history); Honorary Chair of the Edinburgh Centre for Commercial Law; Member of the Advisory Board for Women in Law (University of Edinburgh); and member of the Executive of the Conference on European Restructuring and Insolvency Law (CERIL).

Sarah was called to the Scottish Bar in 1994; appointed a standing junior to the DTI (and successors) in 1996; took silk in 2008 and was a founding member of Axiom Advocates, practising principally in Commercial and Public law.

She contributed to or was the Scottish editor of several editions of MacGillivray on Insurance Law (including the 15th ed) and of Director’s Disqualification. She was one of the UK members on the Expert Group on professional indemnity insurance of the CCBE (Council of European Bars and Law Societies). Prior to judicial appointment, Sarah was Chancellor to the Bishops (of two dioceses) in the Scottish Episcopal Church. Sarah was born in the United States. Her first degree was from Dartmouth College (graduating Summa cum Laude and Phi Beta Kappa). Following post-graduate studies at Balliol College, Oxford, she graduated from Edinburgh University LLB with Distinction. She is a trained mediator.

Olufunke Adekoya

COSAC Member

Mrs ‘Funke Adekoya is a Partner at ǼLEX, one of the largest full service commercial law firms in Nigeria where she heads the Dispute Resolution practice group. Funke provides legal representation to domestic and offshore clients, and also advises foreign counsel on matters of Nigerian law. Funke is a Fellow of the Chartered Institute of Arbitrators, also a Chartered Arbitrator and a past Chairman of its Nigerian Branch. She is also a board member of the recently established Lagos Court of Arbitration as well as of the African Users Council of the LCIA [London Court of International Arbitration]. Among other listings, Funke is listed on the arbitrators’ panel of the Kigali International Arbitration Centre, the Energy Arbitrators List by the International Centre for Dispute Resolution, and the African representative on the Editorial Board of Arbitration News, the journal of the Arbitration Committee of the International Bar Association. She was also a member of the IBA Task Force which prepared the IBA Guidelines on Party Representation in International Arbitration.

Eliana Baraldi

COSAC Member

Former President of the Brazilian Bar Association Arbitration and Mediation Chamber-CAMCA (São Paulo Chapter) More than 20 years of experience national and international arbitration acquired while practicing in large firms either as counsel, arbitrator and mediator. Practices also in the civil litigation area. Author of national and international publications related to arbitration and mediation and frequent lecturer in seminars in Brazil and abroad. Experience with various arbitration providers in Brazil and abroad: ICC, LCIA, ICDR, CAM-CCBC, CIESP-FIESP, FGV, AMCHAM, CAMARB, Instituto de Engenharia, CAM-FIEP, CAMCA(OAB/SP), ARBITAC, among others. Eliana is a member of the arbitrators’ rooster of various national and international arbitration providers.

Joyce Cullen

COSAC Member

Joyce qualified as a solicitor and joined Brodies 1981, becoming a partner in 1986. She led the firm’s Litigation team as head of department for a number of years and was then elected as Chairman of the firm, serving 3 consecutive terms from May 2004 to April 2013. Joyce undertakes commercial and financial services sector dispute resolution work, providing advisory and advocacy services to clients in both public and private sectors, in courts, tribunals and arbitrations and mediations, across a wide range of business areas. She is a Solicitor Advocate, having been granted extended rights of audience in the civil courts in 1995 and is recognised as a Band 1 leading lawyer for Litigation and Banking Litigation in Chambers & Partners and a named lawyer in Legal 500 for Commercial Litigation. She has a particular interest in alternative dispute resolution techniques, including arbitration and mediation. She is CORE accredited and a member of the Scottish Arbitration Centre. Joyce serves on the Law Society of Scotland's Professional Negligence Accreditation Committee.

Norman Fiddes

COSAC Member

Norman Fiddes is Managing Director of McLeod & Aitken Edinburgh Limited, Chartered Quantity Surveyors. He has over 40 years practical experience in the construction industry providing full quantity surveying and contractual advice, along with acting as adjudicator and arbitrator. He provides Expert Reports in relation to quantum, extension of time claims, payment issues, etc. He is a Fellow of the Royal Institution of Chartered Surveyors; a Fellow of the Chartered Institute of Arbitrators and holds a Masters in Construction Law. Norman is an Arbitration and Adjudication Panel Member of RICS and CIArb and appointed arbitrator by Scottish Building Contract Committee and the Law Society of Scotland as well as being appointed as Expert and Reporter by the Court of Session. He has acted as Mediator. He is a past Board Member of the Joint Contract Tribunal Limited (JCT), past Chairman and Board Member of Scottish Building Contracts Committee (SBCC), past Committee Member of CIArb Scotland Branch and past Non-executive Member of the Scottish Court Estates Committee.

Kaj Hobér

COSAC Member

Kaj Hobér is an arbitrator based at 3VB Chambers in London. He is former Professor of International Law at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee during 2010, and as of 1 May 2012 he is Professor of International Investment and Trade Law at Uppsala University. His arbitration experience includes representation of both East and West European, American, Russian and Chinese government bodies and corporations, as well as parties from developing countries in international arbitrations. Prof. Hobér has acted as counsel and arbitrator (including chairmanships) in more than 400 international arbitrations. He is current chair of the board of the SCC Arbitration Institute, past chair of the IBA sub-committee on Investment Treaty Arbitration and past vice-chair of the IBA Arbitration Committee. Kaj Hobér is a member of the LCIA Court and of the Board of Directors of the American Arbitration Association, and also a member of the AIPN Educational Advisory Board. He is fluent in Russian and German.

Elie Kleiman

COSAC Member

Elie Kleiman is a Partner at Jones Day, Paris. He has more than 30 years of experience in international commercial arbitration and civil law disputes. He has intervened in disputes involving investment, trade, joint ventures, long-term contracts, representation and warranties, licensing, distribution, and construction, particularly in the energy and natural resources, chemicals, life sciences, banking, infrastructure and transport, telecommunications, media, and technology sectors. Elie regularly acts as lead counsel in court proceedings and arbitrations under the rules of the ICC, ICSID, AAA, LCIA, and NAI and in ad hoc proceedings under the UNCITRAL Rules. He also regularly sits as an arbitrator and a mediator. Elie is chairman of the board of Paris, the Home of International Arbitration. He also has written on international arbitration and dispute resolution and teaches international disputes at several Paris universities.

Alice Leggat

COSAC Member

Alice Leggat is a solicitor practising in both Scotland and in England and Wales. She is a Legal Manager at SSE plc where she advises on all manner of energy-related construction and engineering disputes, in both jurisdictions. She has acted in many major disputes relating to, amongst others, onshore and offshore wind farms, hydro schemes and transmission projects. She has advised clients in the context of numerous dispute resolution porcesses, including arbitrations, mediations and adjudications as well as on disputes raised in court. Alice is an associate of the CIArb and in that capacity, assists with ensuring that young people are informed about arbitration in Scotland.