Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 16 – Liability etc. of arbitrator when tenure ends Mandatory
128.Rule 16(1) allows the Outer House to make such order as it thinks fit with respect to the arbitrator’s entitlement, if any, to fees or expenses, the repayment of any fees or expenses already paid or where an arbitrator has resigned, to grant relief from liability incurred or to impose liability.
129.Rule 16(2) provides that the court must, when considering making any order about liability etc., have regard to whether any resignation was in breach of rule 15. There is no appeal against the Outer House’s decision.