R. & J. Scott v. Gerrard [1916] ScotLR 642 (15 June 1916)

R. & J. Scott v. Gerrard [1916] ScotLR 642 (15 June 1916)

The arbitration clause in the main contract survives the architect's declaration of contract termination and covers disputes regarding work done and adjustment of accounts; no relevant averments of arbiter disqualification are made; the seating contract is independent and not subject to the arbitration clause.

Citation
[1916] ScotLR 642
Parties
Pursuers: R. & J. Scott; Defenders: James Gerrard and Others (Building Committee of St James' Church, Portobello)
Jurisdiction
Scotland
Judgment Date
15 June 1916
Procedural Posture
Civil / Inner House Appeal From Lord Ordinary
Outcome
Interlocutor of Lord Ordinary recalled; action sisted as regards first conclusion (alternative claim for work done); proof allowed as regards second conclusion (seating contract).
Legal Topics
Arbitration Clause Applicability, Contract Termination, Arbiter Disqualification, Independent Contract
Contract Arbitration Arbitration Clause Applicability Contract Termination Arbiter Disqualification Independent Contract

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Parties

R. & J. Scott

Pursuers

James Gerrard and Others (Building Committee of St James' Church, Portobello)

Defenders

Procedural Posture

Civil / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Does the arbitration clause survive contract termination by the architect?
  2. 2 Is the architect disqualified from acting as arbiter due to alleged bias?
  3. 3 Does the arbitration clause apply to a separate contract for church seating?

Ratio Decidendi

The arbitration clause in the main contract survives the architect's declaration of contract termination and covers disputes regarding work done and adjustment of accounts; no relevant averments of arbiter disqualification are made; the seating contract is independent and not subject to the arbitration clause.

Court Disposition

Interlocutor of Lord Ordinary recalled; action sisted as regards first conclusion (alternative claim for work done); proof allowed as regards second conclusion (seating contract).

Orders

  • Sustain defenders' plea-in-law quoad alternative branch of first conclusion and sist action to arbitration.
  • Remit to Lord Ordinary to allow proof regarding second conclusion (seating contract).