Act of Sederunt (Rules of the Court of Session Amendment No.9) (International Commercial Arbitration) 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2213 |
| Year | 1991 |
1991 No. 2213 (S.182)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of the Court of Session Amendment No.9) (International Commercial Arbitration) 1991
Made 2nd October 1991
Coming into force 28th October 1991
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 19881and of all other powers enabling them in that behalf, do hereby enact and declare:
Citation and commencement
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.9) (International Commercial Arbitration) 1991 and shall come into force on 2nd October 1991.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2. After rule 249AA (registration of awards under the Multilateral Investment Guarantee Agency Act 1988)2) of the Rules of the Court of Session3, insert the following Section and rules:—
“REGISTRATION AND ENFORCEMENT OF ARBITRAL AWARDS UNDER ARTICLE 35 OF THE MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION
SECTION 8AA.—(249AB) Application for registration
(1)
(1) An application for registration in the Books of Council and Session for enforcement of an arbitral award under article 35 of Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 19904(in this Section referred to as “the Act of 1990”) shall be made by petition presented in the Outer House.
(2)
(2) A petition under paragraph (1) shall set out the reasons for which registration for enforcement is sought.
(3)
(3) A motion to grant the prayer of a petition in which no answers have been lodged shall not require an appearance for the petitioner unless the court so requires.
(4)
(4) Where the court requires an appearance under paragraph (3), the hearing shall be in chambers.
(249AC) Registration
(1)
(1) The court, on being satisfied that the arbitral award may be registered, shall grant decree and warrant for registration in the Books of Council and Session.
(2)
(2) On decree being granted under paragraph (1), the Deputy Principal Clerk shall enter the decree in a register of arbitral awards to be registered under article 35 of Schedule 7 to the Act of 1990.
(3)
(3) Upon presentation by the petitioner to the Keeper of the Registers of—
(a) a certified copy interlocutor of the decree and warrant...
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