Their ground in court

commenced yet. Arbitration has not commenced. We do not know the position in relation to identification, nomination, acceptance and appointment of arbitrators.

“There will inevitably be some delay in having the matter resolved by arbitration. That delay might turn out to be significant in a way which does not need to arise in relation to litigation.”

Gerry Moynihan, representing the SPFL, told Lord Clark that the dispute was best left to the football authorities.

In response, Mr Thomson declared: “That is a surprising admission given that he was at pains to point out that the candidates are retired candidates of this court and retired sheriffs.

“It is not the football authorities who would be dealing with this, but rather in independent tribunal.”

The SPFL’S lawyers asked the SFA for a list of candidates for an independent tribunal in case they are required at short notice. The list was received a few days ago.

One area of Hearts and Partick’s case points to the 1965 dispute between St Johnstone and the SFA, when the Perth club went to court and won. They were fined £25 and mounted a successful legal challenge without being their membership being revoked.

The SPFL’S lawyer told the court: “The petitioners are alleging that the written resolution [on which SPFL clubs voted] did not meet the requirements of competitive fairness and sporting integrity.

“What are the requirements of competitive fairness and sporting integrity?

“In my respectful submission, again a paradigm football dispute – a paradigm example of something that ought to come before a specialist tribunal.”

Mr Moynihan added that it was a “disciplinary matter to raise these matters”, with the most severe punishment being expulsion from the SFA. “To use a Glasgow term, you’re oot the game,” he said.

It was claimed that even SPFL officials could be disciplined for having this dispute running without SFA permission.

“The company is actively participating because of the serious implications this has for the conduct of its business. It wants to see these proceedings concluded as swiftly as is possible,” Mr Moynihan said.

“The much preferred route is that this goes to arbitration rather than litigation.”

Mr Borland, speaking on behalf of the promoted clubs, said: “Promotion and relegation are fundamental parts of football. They are the meat and drink of football.”

Further submissions will be heard this morning, with the case potentially continuing on Friday if necessary.

“The company is participating because of the serious implications this has for the conduct of its business. The much preferred route is that this goes to arbitration rather than litigation.”

GERRY MOYNIHAN (FOR THE SPFL)