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ARTICLE · 11 JUNE 2020

Scottish Courts Refuse An Application Seeking To Correct Or Clarify Arbitrator's Part Award By Practical Law Arbitration

Shepherd and Wedderburn
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The Scottish Courts have refused an application made under Rule 58 of the Scottish Arbitration Rules (SAR) relating to when the petitioner could have an arbitrator's part award clarified, ...

United KingdomLitigation, Mediation & Arbitration
Leigh Herd
Leigh Herd
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The Scottish Courts have refused an application made under Rule 58 of the Scottish Arbitration Rules (SAR) relating to when the petitioner could have an arbitrator's part award clarified, or the removal of an alleged ambiguity within it.

The arbitration related to a rent review, with the arbitrator being asked to determine the Open Market Rent, as defined in the lease. A preliminary legal issue on the interpretation of "Open Market Rent" was dealt with in a part award, issued on 11 December 2018. In the part award, the arbitrator favoured part of the tenant/petitioner's interpretation, but his summary contained certain observations and suggestions which appeared to be based on the respondent's interpretation.

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