- Scotland—a game of two halves—stay for arbitration and arbitrability (Heart of Midlothian and Partick Thistle)
- What are the practical implications of this judgment?
- What are the implications of this decision for Scottish arbitration?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: Two football clubs brought a petition before the Court of Session alleging that the affairs of the Scottish Professional Football League Ltd (SPFL) had been conducted in a manner which was unfairly prejudicial to them and sought orders under sections 994 to 996 of the Companies Act 2006 (CA 2006). The clubs had been relegated from their respective leagues following a written resolution effecting a change in the rules of the SPFL arising out of the coronavirus (COVID-19) crisis. They petitioned the court to suspend the written resolution, to interdict SPFL from implementing it, and to reduce (cancel) the written resolution. The petition was opposed by SPFL, and by three other teams who would benefit from the change, gaining promotion. The opposing teams sought dismissal of the petition, which failing suspension of the proceedings was pending arbitration. The court refused the motion to dismiss the petition as premature, but granted the motion to suspend proceedings for arbitration, and also granted the petitioners’ motion for the recovery of documents. Written by Brandon Malone, arbitrator at Quadrant Chambers and Arbitration.Scot.
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