Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 32 – Power to appoint clerk, agents or employees etc. Default
161.Rule 32 is a default rule that an arbitrator can appoint a clerk (and others) to assist in the arbitration. However, the parties’ consent will be required for the appointment of clerks and other staff if significant costs are likely to arise. See rule 24(1)(c)(ii) and the need for the tribunal to avoid unnecessary expenses. Disputes about the “significance” of expenses in rule 32(2) may be resolved by taxation by the auditor of court (which is a process of review of expenses).