This guidance explains the circumstances in which an arbitral award may be capable of registration in the Land Register of Scotland.
In certain circumstances an arbitral award may be capable of registration in the land register, and in such cases the award does not have real effect until so registered.
An arbitral award is registrable where (1) it orders the reduction of a voidable deed which relates to a plot of land or lease registered in the land register, and (2) the award is enforceable in accordance with section 12 of the Arbitration (Scotland) Act 2010.
As such awards are only registrable where the plot of land or lease is also registered then they will be subject to the registration conditions set out in sections 22 and 26 of the Land Registration etc (Scotland) Act 2012.
Applicants should note, in particular, that the award should identify the deed being reduced and must also include the title number of each title sheet affected by the award.
On completion of registration the Keeper will make the necessary changes to the title sheet record to give effect to the award ordering reduction.
However, in terms of section 11(2) of the 2010 Act, such award is of no effect is no far as it would adversely affect the interests of any third party acting in good faith.
Accordingly, the applicant should satisfy themselves on that point before certifying that the deed for which registration is sought (the arbitral award) is valid (i.e. that registration of the award is sufficient for a right to be acquired, varied or extinguished).