G1 Venues Ltd, Re Order Under Schedule 1 To The Arbitration (Scotland) Act 2010 [2013] ScotCS CSOH_202 (27 December 2013)

G1 Venues Ltd, Re Order Under Schedule 1 To The Arbitration (Scotland) Act 2010 [2013] ScotCS CSOH_202 (27 December 2013)

The error in naming the parent company rather than the actual proprietor in the notice of appeal was a technical or immaterial mistake that did not mislead the respondents or the arbitrator, and did not invalidate the notice; therefore, the arbitration was timeously invoked and the arbitrator had jurisdiction.

Citation
[2013] ScotCS CSOH_202
Parties
Petitioner: G1 Venues Limited; First Respondent: Glenerrol Limited; Second Respondent: Second Respondents
Jurisdiction
Scotland
Judgment Date
27 December 2013
Procedural Posture
Petition (appeal Under Arbitration (scotland) Act 2010) / Appeal Against Arbitrator's Jurisdictional Decision
Outcome
Appeal allowed; arbitrator's decision overturned; matter remitted to arbitrator for determination on merits.
Legal Topics
Notice Requirements in Arbitration, Jurisdiction of Arbitrator, Deed of Conditions, Error in Party Identification, Interpretation of Notices
Arbitration Property Law Notice Requirements in Arbitration Jurisdiction of Arbitrator Deed of Conditions Error in Party Identification Interpretation of Notices

Case Brief

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Parties

G1 Venues Limited

Petitioner

Glenerrol Limited

First Respondent

Second Respondents

Second Respondent

Procedural Posture

Petition (appeal Under Arbitration (scotland) Act 2010) / Appeal Against Arbitrator's Jurisdictional Decision

Legal Issues

  1. 1 Whether an error in the name of the appellant in a notice of appeal under a deed of conditions invalidates the notice and deprives the arbitrator of jurisdiction
  2. 2 Whether the arbitrator adopted the correct approach in construing the notice objectively and in isolation from the factual background

Ratio Decidendi

The error in naming the parent company rather than the actual proprietor in the notice of appeal was a technical or immaterial mistake that did not mislead the respondents or the arbitrator, and did not invalidate the notice; therefore, the arbitration was timeously invoked and the arbitrator had jurisdiction.

Court Disposition

Appeal allowed; arbitrator's decision overturned; matter remitted to arbitrator for determination on merits.

Orders

  • Rule 21 appeal upheld against arbitrator's decision
  • Matter remitted to arbitrator to deal with merits of the dispute