Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 42 – Point of law referral: procedure etc. Mandatory
173.Where rule 41 applies, rule 42 restricts the right to apply to the Outer House to determine any point of Scots law arising in the arbitration under that rule. An application may be made if all parties agree or the tribunal has consented and the court is satisfied that its determination is likely to produce substantial cost savings and there has been no delay by the party in making the application. In addition the court must be convinced that there is a good reason why it and not the tribunal should decide the matter.
174.Rule 42(3) provides that the arbitral proceedings will be able to continue until the court comes to a decision on the referral.
175.Rule 42(4) means that there is no appeal of the decision of the Outer House.