Arbitration is, essentially, litigation by agreement. The parties may agree on the procedure to be followed, but otherwise the Arbitration (Scotland) Act 2010 will govern the arbitration. If the parties do agree to arbitration, litigation may not be possible. Arbitration has existed for centuries, but the 2010 Act has led to some excitement in Scotland about its future use and development.
If parties choose to arbitrate, the dispute may be resolved in private and by an arbitrator who has specialist knowledge of the subject matter. Arbitration may exclude subsequent litigation.
As a member of the Chartered Institute of Arbitrators, Ross Taylor of Taylor Law, has significant knowledge of arbitration procedure.
Find out about other Dispute Resolution processes: