Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 23 – Jurisdiction referral: procedure etc. Mandatory
138.Where rule 22 applies between the parties, rule 23 restricts the right to apply to the Outer House to determine a point of jurisdiction under rule 22. 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 are good reasons why it, and not the tribunal, should decide the matter.
139.Rule 23(3) provides that the arbitral proceedings will be able to continue until the court comes to a decision on the referral.
140.Rule 23(4) means that there is no appeal against the decision of the Outer House on the referral or whether an application is valid.