Model Clauses

 

It is possible to specify Scotland as the seat of arbitration in any domestic or international arbitration clause.

On this page you will find model clauses to submit an the arbitration will be run in accordance with the Rules of the Scottish Arbitration Centre.

Scottish Arbitration Centre Clause

The Scottish Arbitration Centre has released its own institutional rules for use where parties wish to have the Centre administer their arbitration.

Parties can incorporate a clause in their contracts to allow arbitration under the Rules of the Scottish Arbitration Centre as follows:

“Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and determined under the Rules of the Scottish Arbitration Centre. The seat of arbitration shall be [Scotland]. The number of arbitrators shall be [ one or three ]. The language to be used in the arbitral proceedings shall be [English].”

Ad hoc Clause

“Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party.  The seat of arbitration shall be Scotland.  The language to be used in the arbitral proceedings shall be English.”

The consequence of using this clause is that where a dispute arises parties are free to agree on an arbitrator, but if they cannot, the Court of the Scottish Arbitration Centre will appoint a suitable arbitrator to deal with the dispute.  The Scottish Arbitration Rules will apply to the arbitration.