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Consultation on Arbitration (Scotland) Bill

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PART 3 PARTIES DUTIES

Rule 24 - Duties relating to conduct of arbitration

93. Rule 24 is a default rule giving the parties a general duty not to delay the arbitration. In effect the duty is intended to ensure the parties do everything reasonably practicable to ensure the arbitration is conducted quickly and without incurring unnecessary expense. They must also comply with the tribunal's requirements.

Rule 25 - Powers relating to default by a party

94. Rule 25 gives the arbitrator power to proceed with the arbitration where the parties fail to do something. This is a default rule. It is considered that the tribunal should not be placed under a duty as opposed to a power to proceed with the arbitration since, depending on the circumstances, it may be pointless to do so in the face of one party's default.

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