Choice of procedural law points to seat of arbitration | Practical Law
In Braes of Doune Wind Farm (Scotland) Ltd v Alfred McAlpine Business Services Ltd [2008] EWHC 426 (TCC), Akenhead J considered an arbitration clause which stated expressly that the seat of any arbitration was "Glasgow, Scotland", but which also selected the English Arbitration Act 1996 (which does not apply in Scotland) as the applicable procedural law. He held that, on a proper construction of the contract as a whole, the juridical seat of the arbitration was England, and that Scotland had been selected as the location of any hearing. It followed that the English court had jurisdiction to entertain an application for leave to appeal brought pursuant to the English Arbitration Act.