The Scottish Courts will not grant an indefinite sist (stay) for arbitration (Briggs Marine Contractors Ltd v Bakkafrost Scotland Ltd)

Article summary

Arbitration analysis: Proceedings were brought in the Commercial Court of the Court of Session, and sisted (stayed) to allow an English seated arbitration to proceed. This is a requirement of section 10 of the Arbitration (Scotland) Act 2010 A(S)A 2010, which provides that the court must sist an action on application of a party where the dispute is subject to a valid arbitration clause, whether or not the arbitration is seated in Scotland. The arbitration proceeded very slowly, and was far from complete. The respondent asked the court to recall the sist and dismiss the case, since the court proceedings were serving no useful purpose and were simply causing administrative inconvenience to the parties and the court. The court refused the defender's motion to dismiss the action but removed it from the commercial roll, appointing it to proceed as an ordinary action and sisted it for one year, confirming the courts discretion...