Miller & Son v. Oliver & Boyd [1906] ScotLR 43_270 (13 January 1906)

Miller & Son v. Oliver & Boyd [1906] ScotLR 43_270 (13 January 1906)

The scope of the arbitration reference was not enlarged by pleadings or conduct, as no unequivocal consent was shown and protest was timely; the claims for pecuniary sums do not fall within the reference clause; the action is not excluded by the arbitration clause or prior proceedings; proof should be allowed in court.

Citation
[1906] ScotLR 43_270
Parties
Pursuer: Miller & Son; Defender: Oliver & Boyd
Jurisdiction
Scotland
Judgment Date
13 January 1906
Procedural Posture
Civil / Appeal/reclaiming Motion Against Interlocutor Sisting Action for Arbitration
Outcome
Interlocutor sisting action for arbitration recalled; action remitted to Lord Ordinary to allow proof.
Legal Topics
Scope of Reference, Extension by Pleadings, Bar/estoppel, Arbitrator Disqualification, Reduction of Award
Arbitration Contract Law Scope of Reference Extension by Pleadings Bar/estoppel Arbitrator Disqualification Reduction of Award

Case Brief

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Parties

Miller & Son

Pursuer

Oliver & Boyd

Defender

Procedural Posture

Civil / Appeal/reclaiming Motion Against Interlocutor Sisting Action for Arbitration

Legal Issues

  1. 1 Whether the scope of the arbitration reference was enlarged by pleadings or conduct of parties
  2. 2 Whether the action is excluded by the arbitration clause or prior proceedings
  3. 3 Whether the arbiter is functus officio after reduction of his award

Ratio Decidendi

The scope of the arbitration reference was not enlarged by pleadings or conduct, as no unequivocal consent was shown and protest was timely; the claims for pecuniary sums do not fall within the reference clause; the action is not excluded by the arbitration clause or prior proceedings; proof should be allowed in court.

Court Disposition

Interlocutor sisting action for arbitration recalled; action remitted to Lord Ordinary to allow proof.

Orders

  • Proof to be allowed in court.
  • Arbitration clause does not exclude action.