Scottish Arbitration Survey publishes first report

Property and construction disputes continue to dominate the subject matter of arbitrations in Scotland, but initiatives have been taken in agricultural and family matters, and use of arbitration is in line with expectations following the reforming Act of 2010.

These are among the findings of the first report of the Scottish Arbitration Survey, covering the period from 1 July 2013 to 30 June 2014. The report provides statistics on arbitrations in Scotland during that period, along with procedural trends and attitudes. It also contains a commentary on the evolution of arbitration since the Arbitration (Scotland) Act 2010, including the role of the courts and the developing scope for the use of arbitration in Scotland.

Work on the survey was led by the University of Aberdeen and legal firm Burness Paull, with support from the Law Society of Scotland. The research found that around 22 arbitrations with a Scottish seat occurred during the period covered, across a wide range of dispute value. Most employed single arbitrators rather than tribunals; they generally followed the unamended Scottish Arbitration Rules, though there was use of bespoke rules; they adopted various forms of procedure; and they generally reached an award in less than 12 months.

Some of the key features of arbitration which were seen as potential advantages were speed, confidentiality, procedural flexibility and technical specialism.

It is intended to follow up this report with further surveys, to provide statistical information on trends over time. The next survey will be undertaken in early 2016 to cover the calendar year 2015.

The organisers said they hoped the survey would provide a valuable resource to arbitrators and practitioners, and to those who promote arbitration. "As well as providing a measure on the number of arbitrations occurring, it provides an insight into attitudes to dispute resolution and to the practice of arbitration that will be helpful to those who practise as decision makers and representatives in the resolution of disputes", they commented. "It will also provide guidance to those who do not participate directly in dispute resolution, but who advise clients on alternative dispute resolution mechanisms, weighing up the important factors in adopting an effective and commercially pragmatic approach.

"Once interested parties have had an opportunity to read the Report over the summer period, we will arrange presentations and discussions on the lessons that might be drawn from the information and statistics collected. Amongst those will be a seminar in November in the Chartered Institute of Arbitrators (Scottish Branch) seminar series.

"We will look at ways to optimise the survey over time, and would welcome any feedback. We are grateful to all those who participated in the survey and hope that you will continue to support future surveys, so that Scotland can benefit from sound statistical data."

Click here to access the survey.