SCJC considers paper on making Scotland a seat of commercial dispute resolution

Mr Malone told Scottish Legal News that “Scotland is already a very good venue for this kind of work”, but that “there is more that we could do”.

“The proposition is that our civil justice system, including the courts and alternative dispute resolution methods like arbitration and mediation, can and should generate a benefit for the economy.

“That benefit arises directly through income generated by lawyers, and those that service the legal profession, but also incidentally by giving businesses confidence that disputes in Scotland will be dealt with commercially and effectively, and that Scotland is therefore a good place to do business.”

It is this strategy that has led to London and Singapore becoming arbitration centres.

Mr Malone added: “The object of the changes would be to optimise the system so as to retain and enjoy the benefit of the dispute work generated by our own economy (much of which goes elsewhere at the moment), and to attract work from international parties that do not otherwise have a connection to Scotland.”

The paper contains a range of proposals, some of which are “simple rule changes”, and some of which are “fairly radical”.

More information will be available following discussion of the proposals by the SCJC at a future meeting.

Issue number 8 of the SCJC newsletter also includes a list of the latest appointments, information on new Rules and on-going committee work.

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