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.
Inclusion on our database
The Centre maintains a database of arbitrators from various professional backgrounds and locations around the world. Any information you provide will be used for internal use and will not be published. The database may be used, where requested, by COSAC when appointing an arbitrator. COSAC has complete discretion when it comes to making appointments and inclusion in the Centre’s database is not a guarantee that COSAC will consider you for an appointment.
Should you wish to be included in our database, please email this form (Inclusion Application) to Davide D'Aleo .