The courts have long been reluctant to interfere in decisions made in alternative dispute resolution like arbitration.
Arbitration in Scotland is governed by the Arbitration (Scotland) Act 2010. Parties to a contract can agree to exclude the supervisory jurisdiction of the courts, but where they do not, the courts retain the power to rule on the decision of an arbitrator. And that's including under section 70, where the arbitrator has made a decision that is obviously wrong.
That seems simple, right?
However, in the recent case before the Court of Session in Arbitration No1/2019, the court carefully considered the test of what was meant by "obviously wrong" which wasn't as simple as saying, as you might expect, someone saying "not right"!
ajudge may recognise that his or her view is one reached just on balance and one with which respectable intellects may well disagree; in those circumstances, the decision is wrong but not necessarily ‘obviously’ so