Alston & Orr v. Allan's Trustees [1909] ScotLR 203 (22 December 1909)

Alston & Orr v. Allan's Trustees [1909] ScotLR 203 (22 December 1909)

The arbiter was not required to answer each question specifically; he considered all points and determined the sum due, thus exhausting the reference. No evidence showed the award was influenced by extraneous considerations. The award was intra vires and sustained.

Citation
[1909] ScotLR 203
Parties
Pursuer: Alston & Orr; Defender: Allan's Trustees
Jurisdiction
Scotland
Judgment Date
22 December 1909
Procedural Posture
Action for Reduction / Appeal (reclaiming Motion) in Inner House
Outcome
appeal dismissed; award sustained
Legal Topics
Reduction of Arbitral Award, Exhaustion of Reference, Ultra Fines Compromissi, Building Contract Implementation
Arbitration Contract Law Reduction of Arbitral Award Exhaustion of Reference Ultra Fines Compromissi Building Contract Implementation

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Parties

Alston & Orr

Pursuer

Allan's Trustees

Defender

Procedural Posture

Action for Reduction / Appeal (reclaiming Motion) in Inner House

Legal Issues

  1. 1 Whether arbiter was bound to answer each question specifically
  2. 2 Whether award was ultra fines compromissi or influenced by extraneous considerations
  3. 3 Whether arbiter exhausted the reference

Ratio Decidendi

The arbiter was not required to answer each question specifically; he considered all points and determined the sum due, thus exhausting the reference. No evidence showed the award was influenced by extraneous considerations. The award was intra vires and sustained.

Court Disposition

appeal dismissed; award sustained

Orders

  • Court adhered to Lord Ordinary's judgment
  • Defenders assoilzied from conclusions of the action