The Scottish Arbitration Centre is currently formulating institutional rules for use where parties wish to have the Centre administer their arbitration.
In the meantime, it is open to parties to incorporate a clause in their contracts to allow for ad hoc arbitration as follows:
“Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of arbitration shall be Scotland. The language to be used in the arbitral proceedings shall be English.”
The consequence of using this clause is that where a dispute arises parties are free to agree on an arbitrator, but if they cannot, the Arbitral Appointments Committee of the Scottish Arbitration Centre will appoint a suitable arbitrator to deal with the dispute. The Scottish Arbitration Rules will apply to the arbitration.