Support plea for second Scottish Arbitration Survey

An appeal is being issued to lawyers across practice sectors to take part in the second Scottish Arbitration Survey.

Six years on from the coming into effect of the Arbitration (Scotland) Act 2010, and nearly three years since the first survey (click here for news report), which reported on the 12 month period to 30 June 2014, the organisers believe it is important to obtain an up to date picture. 

The Scottish Arbitration Survey is a joint initiative by the University of Aberdeen, the Law Society of Scotland and Burness Paull, supported by the Chartered Institute of Arbitrators and the Scottish Arbitration Centre, to collect data and report on arbitration use, attitudes and trends. It seeks 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.

With the Faculty of Advocates developing the use of arbitration in the resolution of personal injury disputes, and it also gaining use in the field of family law, the starting point to achieve a greater diversity for the use of arbitration is an understanding of the particular needs of different end users.

Those who choose arbitration as the appropriate method of dispute resolution are often non-contentious lawyers and advisers, who advise clients on the appropriateness of an arbitration clause when entering into contracts. The views of all advisers, not just those directly involved in dispute resolution and arbitration, are therefore important, and invited in this survey, as are the views of end users.

As well as directly approaching businesses, in-house solicitors are asked to complete the survey as representatives of the businesses they work with, to provide the survey with end user experiences and attitudes.

The organisers are also seeking the input of all those directly involved in dispute resolution, as well as those who act as arbitrators practising in Scotland.

Survey questions are tailored to particular areas of practice and the survey will not take long to complete. Click here to access the survey.

The survey will be open until 22 May 2017. Any questions can be directed to Derek Auchie at the University of Aberdeen (e: d.auchie@abdn.ac.uk).