This chapter focuses on the enforceability of arbitral awards in Scotland. Most, if not all, arbitrating parties choosing arbitration as the means of resolving their disputes want a speedy and an efficient way to reach a binding decision between them and, ultimately, to have an enforceable arbitral award. To ensure the enforceability of an arbitral award, three issues must be addressed: procedural formalities required in the relevant arbitration laws are fulfilled; the award does not fall into the grounds for setting aside; and/or the recognition and enforcement procedures are fulfilled under the New York Convention 1958. The chapter discusses all three aspects, which are covered in Part 6 of the Scottish Arbitration Rules and in ss 11–15 and ss 18–22 of the Arbitration (Scotland) Act 2010.
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