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ARTICLE · 11 JUNE 2007

Arbitration In The UK: Different Jurisdiction, Different Laws

Party autonomy rules in commercial arbitration. This means that parties can agree where they arbitrate, and which rules and laws govern the arbitration.

United KingdomLitigation, Mediation & Arbitration
Rob Wilson
Rob Wilson
Julian Bailey
Julian Bailey
Guy Pendell
Guy Pendell

Party autonomy rules in commercial arbitration. This means that parties can agree where they arbitrate, and which rules and laws govern the arbitration. If the seat of arbitration is in the UK, there are different procedural laws applicable depending on whether the parties chose England or Scotland.

A recent Scottish decision (Tor Corporate v Sinopec, 29 May 2007) helps illustrate the differences between arbitration law in Scotland, and arbitration in England.

In Scotland, the UNCITRAL Model Law applies to international commercial arbitrations. These rules can also be adopted for domestic and non-commercial arbitrations. The UNCITRAL Model Law requires any application for setting aside to be made within 3 months of the arbiter's decision being received.

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