Scotland could be a centre for dispute resolution
5 Nov 08
Scotland’s dispute resolution system could be developed and marketed as a just, integrated and efficient system that could see the country become the “Switzerland of dispute resolution”
This was one of the main findings of an expert group set up by Justice Secretary Kenny MacAskill to consider ways to make the structures and systems of the Scottish legal system more business friendly.
The Business Experts and Law Forum is made up of some of Scotland’s top business and legal brains, including Charlotte Barbour, assistant director of business policy at ICAS.
The Forum has made a number of further recommendations to allow the Government and the legal profession to work together to help business flourish.
These include:
- There is a need to actively market Scottish legal services as part of a full range of professional services. Such services are an intrinsic part of the economic infrastructure that supports a successful, enterprising Scotland and should be incorporated in the marketing of Scotland and Scottish business;
- Although most arbitration takes place between those doing business in Scotland, Scotland should also be aiming to market itself internationally as a forum for arbitration, offering high quality arbiters, facilities and legal support and
- While retaining its judicial authority, the Commercial Court of the Court of Session should operate in the way that successful businesses operate – flexibly and responding to the needs of those who use the service.
Commenting on the Forum’s report, Minister for Community Safety Fergus Ewing said: “Scotland’s legal system has a proud and illustrious history. However, it is important that it continues to provide a first class service to both members of the public and businesses.
“The Scottish Government is determined that our law firms should be able to compete internationally and that our legal system should be more attractive to major businesses.
“That is why I asked this group of some of our best business and legal brains to look at how we can encourage business organisations, both large and small to use our legal services.
“I welcome their recognition that Scotland can play a leading role as a centre for dispute resolution and our legal services should be included in any marketing of Scotland and its businesses.
“I will now consider the Forum’s report in detail as we take forward our plans to reform the legal profession and develop our Arbitration Bill.”
The Business Experts and Law Forum is made up of:
- Robert Crawford, Glasgow Caledonian University
- Professor Russel Griggs OBE, CBI
- Carol Paton, The Royal Bank of Scotland Group
- Charlotte Barbour, Institute of Chartered Accountants of Scotland
- Michael Clancy OBE, Law Society of Scotland
- Karina McTeague, Lloyds TSB Scotland
- Richard Keen QC, Faculty of Advocates
- Andrew Wilkinson, Norwich Union
- Patrick Andrews, Shepherd and Wedderburn
The Business Experts and Law Forum’s full report can be viewed here