Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 39 – Failure to comply with tribunal direction or arbitration agreement Default
169.Rule 39 is a default rule which in paragraph (1) provides the tribunal with power to order a party breaching a direction of the tribunal or the rules and arbitration agreement governing the arbitration to comply. Rule 39(1)(b) means that a tribunal does not have to formally direct a defaulting party to comply with the arbitration agreement before making a compliance order.
170.Rule 39(2) gives the tribunal a number of powers when a party does not comply with an order including taking non-compliance into account when allocating liability for recoverable expenses.