Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 17 – Reconstitution of tribunal Default
130.Rule 17 is a default rule for the reconstitution of the tribunal when an arbitrator’s tenure ends. Paragraph (1) provides that this can be done either by the same procedure as for the original tribunal or under the default rules for appointment of arbitrators. Under rule 17(2), the reconstituted tribunal decides the extent to which things done previously as part of the arbitration stand, subject to the parties’ agreement otherwise. Parties also retain any right to object or appeal on any ground they previously had available.