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Scotland decisions
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Petition of Arbitration Application Number 1 of 2026 (Court of Session) [2026] CSOH 46 (15 May 2026)
The Outer House refused leave to appeal an arbitral award, holding that none of the proposed legal-error grounds met the test in rule 70(3).
Julie and Tony Finegan against TUI UK LTD (Sheriff Appeal Court Civil) [2026] SACCIV 18 (26 February 2026)
The Sheriff Appeal Court dismissed an appeal challenging a simple procedure claim as barred by res judicata after prior ABTA arbitration.
Petition: Arbitration No.1 Of 2025 (Court of Session) [2026] CSOH 2 (13 January 2026)
The Outer House held that a tenant’s mutuality-based argument was not put to the arbitrator in time, so there was no serious irregularity under Rule 68(2)(c).
Arbitration Application No.2 of 2024 (Court of Session) [2024] CSOH 83 (22 August 2024)
The Court of Session refused leave to appeal on alleged legal error in an arbitration, holding the arbitration clause excluded such appeals and the test for leave was not met.
BRIGGS MARINE CONTRACTORS LTD AGAINST BAKKAFROST SCOTLAND LTD [2024] ScotCS CSOH_63 (21 June 2024)
The Court of Session refused to dismiss a sisted commercial action pending arbitration, but removed it from the commercial roll and sisted it for one year.
SMITH COGENERATION (BANGLADESH) PVT. LTD AGAINST BANGLADESH POWER DEVELOPMENT BOARD [2024] ScotCS CSOH_48 (07 May 2024)
The Court of Session recalled decree in absence and allowed late defences in an action to enforce an arbitration award, finding Rule 19.2(5) was satisfied.
ARBITRATION APPEAL NUMBER 1 OF 2023 [2023] ScotCS CSOH_78 (08 November 2023)
The Outer House refused leave to appeal on a point of law in an arbitration dispute about rent, irritancy, and alleged landlord breach under a commercial lease.
ARBITRATION APPEAL NO 2 OF 2022 [2023] ScotCS CSOH_68 (06 October 2023)
The Court of Session refused a petition challenging an arbitrator’s part award, holding that the petitioner’s conduct could objectively amount to waiver.
ARBITRATION APPEAL NO 3 OF 2022 [2023] ScotCS CSOH_69 (06 October 2023)
The Court of Session refused a petition challenging an arbitrator’s third part award, holding the arbitrator had jurisdiction and that waiver was not made out.
LEANDER CB CONSULTANTS LTD T/A LEANDOR ADVISORS AGAINST BOGSIDE INVESTMENTS LTD AND ANOTHER [2023] ScotCS CSOH_26 (25 April 2023)
The court held that fraud and misrepresentation were sufficiently pled to allow a proof before answer, and that the arbitration clause did not oust jurisdiction.
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