Donald v Shiell's Executrix [1936] ScotCS CSIH_2 (13 November 1936)

Donald v Shiell's Executrix [1936] ScotCS CSIH_2 (13 November 1936)

An arbitral award that is silent on a distinct and independent head of claim referred to the arbiter is not exhaustive of the submission and is invalid. The award must expressly or by necessary implication deal with all matters submitted, and the court cannot infer from mere silence that the arbiter has considered and rejected a claim unless the award contains general words to that effect. Extrinsic evidence to supplement or explain the award is inadmissible.

Citation
[1936] ScotCS CSIH_2
Parties
Pursuer: Donald; Defender: Shiell's Executrix
Jurisdiction
Scotland
Judgment Date
13 November 1936
Procedural Posture
Action of Reduction (challenge to Arbitral Award) / Appeal (reclaiming Motion) Before the Second Division, Court of Session
Outcome
decree-arbitral set aside; action of reduction allowed
Legal Topics
Exhaustiveness of Arbitral Awards, Interpretation of Arbitral Awards, Competency of Extrinsic Evidence in Arbitration, Reduction of Decree Arbitral, Finality in Arbitration
Arbitration Contract Law Civil Procedure Exhaustiveness of Arbitral Awards Interpretation of Arbitral Awards Competency of Extrinsic Evidence in Arbitration Reduction of Decree Arbitral Finality in Arbitration

Case Brief

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Parties

Donald

Pursuer

Shiell's Executrix

Defender

Procedural Posture

Action of Reduction (challenge to Arbitral Award) / Appeal (reclaiming Motion) Before the Second Division, Court of Session

Legal Issues

  1. 1 Whether an arbitral award that is silent on part of the matters submitted is valid or must be set aside for not exhausting the submission
  2. 2 Whether extrinsic evidence is admissible to explain or supplement an arbitral award

Ratio Decidendi

An arbitral award that is silent on a distinct and independent head of claim referred to the arbiter is not exhaustive of the submission and is invalid. The award must expressly or by necessary implication deal with all matters submitted, and the court cannot infer from mere silence that the arbiter has considered and rejected a claim unless the award contains general words to that effect. Extrinsic evidence to supplement or explain the award is inadmissible.

Court Disposition

decree-arbitral set aside; action of reduction allowed

Orders

  • Reclaiming motion allowed
  • Decree of reduction granted de plano (award set aside)