Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 24 – General duty of the tribunal Mandatory
141.Rule 24 is a mandatory rule. Rule 24(1) provides that an arbitral tribunal (and any umpire) conducting an arbitration must comply with its general duty - to be impartial, independent and fair. Treating the parties fairly does not necessarily mean treating them in exactly the same way.
142.The general duty is also that the tribunal (and umpire) must conduct the arbitration without unnecessary delay and without incurring unnecessary expense. “Without unnecessary delay” recognises the possibility of delay for the purposes of the arbitration and unnecessary expense recognises that the tribunal can incur expense where necessary.
143.Under rule 24(2), the tribunal must allow parties a reasonable opportunity to put their case and respond to the other party’s case.