Second Scottish Arbitration Survey

05 Apr

Coinciding with the Faculty’s plans for arbitration, including a new personal injury scheme, a major review of all aspects of arbitration is being undertaken through a second Scottish Arbitration Survey.

The first survey reported on the 12-month period to 30 June, 2014, and new information is now being sought, six years on from the coming into effect of the Arbitration (Scotland) Act 2010.

“Given the confidential nature of arbitration, it is important to obtain fresh information to understand how many arbitrations are taking place, what types of disputes are going to arbitration, attitudes to arbitration, and the changes that might be encouraged to the practice of arbitration in Scotland to improve confidence in the process,” say the organisers of the survey, the University of Aberdeen, the Law Society of Scotland and Burness Paull, supported by the Chartered Institute of Arbitrators and the Scottish Arbitration Centre.

“Arbitration is a process for determination of disputes by an appropriate person of skill. It has played a significant role in the resolution of property disputes and, alongside adjudication, of construction and projects disputes.

“It is also used, for instance, in family dispute resolution and there are current initiatives by the Faculty of Advocates to develop the use of arbitration in the resolution of personal injury disputes. It provides opportunities to resolve disputes using appropriate persons of skill in other sectors where it is currently less used. The starting point to achieve a greater diversity for the use of arbitration is an understanding of the particular needs of different end users.”

The survey is at

Any questions about it should be emailed to Derek Auchie, at the University of Aberdeen