Scotland—Court of Session dismisses multiple challenges to arbitral award (Arbitration Appeal No 4 of 2020)

Article summary

Arbitration analysis: This case gives clear guidance on the approach of the Scottish court to jurisdiction and serious irregularity challenges to an arbitrator’s award under the Arbitration (Scotland) Act 2010 (A(S)A 2010), and explores the effect of an arbitration clause stating that an award is to be ‘final and binding‘. The respondents brought an arbitration in which the arbitrator granted 14 of the 18 orders sought. The petitioners appealed against the award containing the orders on 16 separate grounds including a jurisdiction challenge, four alleged serious irregularities and eleven legal errors. Noting first that the use of the term ‘final and binding‘ in the arbitration clause did not preclude an appeal on legal error grounds, Lord Clark rejected all 16 grounds, noting that the proper classification of a ground of appeal under A(S)A 2010 (jurisdiction, serious irregularity or legal error) is a question of law for the court to determine, rather than simply a choice open to...