Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 57 – Arbitration to end on last award or early settlement Default
200.Rule 57 is a default rule. Rule 57(1) provides that the end of an arbitration, when the arbitral tribunal’s powers are to cease, will be when the last, or terminating, award to be made in the arbitration is made (see rule 51) and no claim is outstanding. This is, however, subject to rule 57(2) which provides exceptions in cases of objection to the arbitrator’s jurisdiction (rule 20(3)) or failure to submit a claim (rule 37).
201.Rule 57(3) provides that the parties may end the dispute by notifying the tribunal that they have settled the dispute. Under rule 57(4) an award may reflect the terms of the settlement of the dispute. The Scottish Arbitration Rules (with the exception of rule 51(2)(c) – the tribunal’s statement of reasons for an award – and Part 8 (challenging awards)) apply to such an award.
202.Rule 57(5) means that the fact that arbitral proceedings have ended does not affect the operation of other rules.