There is no single correct answer to how best to resolve disputes but in many instances arbitration will be a sensible option. Strict confidentiality under the Scottish arbitration rules could be critical in itself. An ability to flex procedures to suit the particular case can also help. Scotland now has a clear and accessible set of rules to make the process work. Limiting Court intervention helps to control cost and delay - though it is also good to know that the Scottish Courts are very supportive of arbitration. Finally, a statutory requirement on all participants including the arbitrator to get things done efficiently and economically can be key. 

 

The Royal Faculty operates an arbitration referral system whereby suitably qualified and experienced members are appointed by the Dean to act as arbitrators in disputes which may arise in a number of circumstances (including, but not limited to property disputes and commercial leases). Parties can arbitrate under existing arbitration clauses or simply agree to do so.  

 

Anyone who wishes to make use of the arbitration referral system or any member of the Royal Faculty who is interested in having their name added to the panel of arbitrators should contact the library in the first instance.