What is a Scott Schedule?
A Scott Schedule is a structured, item-by-item table that captures each disputed issue on one line so the tribunal can compare the parties’ positions side-by-side. It’s most common in commercial and construction disputes (defects, variations, delay heads, fees disputes), but it’s useful in any arbitration with multiple granular issues.
Why tribunals like them
- Clarity: One row per issue; no hunting through pleadings to match like-for-like.
- Issue narrowing: Forces parties to say what is admitted, denied, or not pursued.
- Proportionality: Focuses hearing time and expert evidence on what really matters.
- Audit trail: The tribunal can lift the schedule directly into the reasons and award.
Tip: A Scott Schedule doesn’t replace pleadings or evidence—it summarises them in a way that’s easy to compare.
When should you use a Scott Schedule?
Use one when your case has many similar items or repeating heads of claim, for example:
- Construction defects lists
- Variations / change orders and valuation disputes
- Delay / disruption heads (e.g., specific events or windows)
- Professional fees (time entries, disbursements)
- Supply shortfalls, chargebacks, or warranty items
Avoid using a Scott Schedule as the only tool where disputes turn mainly on a single point of law or a binary liability issue. In those cases a short List of Issues may be more effective (often used alongside a smaller schedule).
What does a Scott Schedule look like?
There’s no single mandated format, but most include these columns:
- Item ID / Reference
- Issue / Description (what exactly is claimed)
- Claimant’s Position (facts + quantum)
- Respondent’s Position (facts + quantum)
- Key Evidence / References (bundle tabs, expert report paras)
- Admitted / Disputed (narrow the issue)
- Issue Type (defect, variation, delay, fee, etc.)
- Tribunal’s Notes / Determination (completed by tribunal)
Keep it to one issue per row. If an item includes sub-issues (e.g., liability + quantum + mitigation), either split the row or add sub-rows with clear IDs (e.g., D-014a, D-014b).
Example 1: Construction defects (cost to remedy)
| ID | Issue / Location | Claimnt position | Rspndnt position | Evidence | Status |
|---|---|---|---|---|---|
| D-012 | Water proofing failure, L3 podium | Defect due to non-compliant membrane; AUD 85,000 to remove/replace | Design change approved; workmanship compliant; if any remedy required: AUD 25,000 patch repair | C-Tab 14; EngRpt §5.2–5.7; Photos P-33–P-41 | Disputed |
| D-013 | Fire stopping, riser shaft | Not installed per spec; AUD 18,200 | Admit liability, quantum AUD 12,500 | C-Tab 21; FireCert §3.1 | Liability admitted; quantum disputed |
How this helps
- The tribunal sees where the dispute really is (full denial vs quantum-only).
- Parties can settle admitted items off-line and focus hearing time on D-012.
Example 2: Variations / change orders (valuation)
| ID | CO / Variation | Claimnt position | Rspndnt position | Evidence | Status |
|---|---|---|---|---|---|
| V-007 | CO-12: rebar upgrade | Directed change 10/02; rates per Schedule 3; AUD 142,600 | Not a directed change; if payable, apply composite rate; AUD 74,300 | Emails 10–12 Feb; SiteInstr SI-18; QS Sched §4 | Disputed |
Practitioner tip: Add a “Basis of Valuation” sub-column (contract rates, daywork, market quotes) so QS experts are arguing on the same method, not just the number.
Example 3: Delay events (time & cost)
| ID | Event / Window | Claimnt EOT | Claimnt costs | Rspndnt position | Evidence | Status |
|---|---|---|---|---|---|---|
| L-004 | Port closure (Wk 18-20) | +10 days | AUD 95,000 prelims | No critical path impact; float absorbed; 0 days, AUD 0 | Prog Rev 05; Logs; Weather data | Disputed |
For delay, keep the Scott Schedule lean and link to your full delay analysis. The schedule is the index; the logic lives in the programme files and expert reports.
How to prepare a Scott Schedule (step-by-step)
1. Agree the structure early
In a procedural order, ask the tribunal to direct: column headings, currency, file format (usually Excel), and update cadence.
2. Create a master list of issues
Start from the pleadings (SOC/SOD/Replies). Each pleaded head becomes one or more line items. Use stable IDs (D-001, V-014, L-003).
3. Draft claimant columns first
- Short issue description (what, where, when).
- Quantum with method (rate, measure, dayworks).
- Pinpoint references (bundle tab + page; expert para). Hyperlinks if e-bundle permits.
4. Serve and populate respondent columns
Respond line-by-line: admit/deny, alternative quantum, method, and references. Don’t leave “general denials”; the schedule’s value is specificity.
5. Use expert rounds to refine
Add expert references when reports file. Ask the tribunal for a final consolidated version before the hearing.
6. Lock totals and track concessions
Include auto-totals by head (defects/variations/delay). As items are admitted, grey them out and move to an “Agreed” block.
7. During the hearing
Use the schedule as the daily agenda. The tribunal can mark “Determined” items as it gives oral indications or reserves.
8. Post-hearing
Provide a clean “final schedule for award drafting” with only the columns the tribunal wants (often removing argumentation columns).
Practical drafting tips (what tribunals actually use)
One page rule: Try to keep each row self-contained (no long essays). If detail is essential, add a “notes” pop-out cell or hyperlink to the source.
Consistent numbering: Match Item IDs to bundle tabs and witness statements so everyone speaks the same language.
Interest & tax: Include columns for GST/VAT, interest basis, and cut-off date to prevent last-minute arithmetic disputes.
No new claims: Don’t use the schedule to smuggle in unpleaded items. If a new issue arises, seek leave and assign a new ID.
Version control: File names like ScottSched_R5_2025-09-16.xlsx; maintain a change log tab.
Colour coding: Light grey = agreed; amber = quantum only; red = liability + quantum. Keep it accessible for printing (avoid dark fills).
How tribunals direct Scott Schedules (sample wording you can propose)
“The parties shall exchange a Scott Schedule in Excel format by [date], using the column headings set out in Annex A. The Claimant will populate Items 1–N; the Respondent will complete its columns by [date]. The parties shall produce a consolidated version by [date]. The Scott Schedule will be used for hearing management and may be incorporated into the award.”
Frequent mistakes (and how to avoid them)
Inconsistent scopes: Mixing apples and oranges (e.g., combining defect and associated delay in one row). Split the items.
Missing method: Stating a number with no valuation basis. Always show how you arrived at quantum.
Vague references: “See bundle” is useless. Use pinpoint cites (Tab, page, para).
Double counting: The total of line items exceeds the pleaded head. Include a control total against the pleading head.
Letting it bloat: 1,200 rows = nobody reads it. Group by issue and seek permission to sample or use exemplars.
Columns to consider
- Item ID
- Issue/Location
- Contract Ref/Clause
- Claimant Valuation & Method
- Respondent Valuation & Method
- Liability (Admit/Deny)
- Causation Note
- Time Impact (days)
- Cost Impact (currency)
- Evidence (pinpoint)
- Status
- Tribunal Determination
Q&A: Scott Schedules in Arbitration
Are Scott Schedules mandatory?
No. They’re a case management tool commonly ordered where they help narrow issues.
Are they evidence or pleadings?
They’re typically an aid to evidence and submissions. Treat them as on the record; the tribunal may adopt them in the award.
Can we use them in online arbitrations?
Yes—Excel with hyperlinks to your e-bundle works best. Share a read-only master and circulate controlled updates.
Conclusion
For multi-issue commercial arbitrations, a well-designed Scott Schedule is one of the highest-leverage tools you can adopt. It streamlines case presentation, exposes what truly divides the parties, and gives the tribunal a clean runway to reach clear, defensible findings.
Martin Dillon | Technology Arbitrator 