UBC Group Ltd v Atholl Developments (Sclacbuie) Ltd [2010] ScotCS CSOH_21 (02 March 2010)

UBC Group Ltd v Atholl Developments (Sclacbuie) Ltd [2010] ScotCS CSOH_21 (02 March 2010)

The pursuers' conduct, including failure to raise arbitration at the outset and proceeding as if the dispute would be resolved in court, amounted to a waiver of their right to insist on arbitration. The motion to sist was therefore refused.

Citation
[2010] ScotCS CSOH_21
Parties
Pursuer: UBC Group Limited; Defender: Atholl Developments (Slacbuie) Limited
Jurisdiction
Scotland
Judgment Date
02 March 2010
Procedural Posture
Commercial Action / Preliminary Hearing on Motion to Sist for Arbitration
Outcome
Motion to sist for arbitration refused
Legal Topics
Waiver of Arbitration Clause, Sist of Proceedings, Commercial Litigation Procedure
Civil Procedure Arbitration Waiver of Arbitration Clause Sist of Proceedings Commercial Litigation Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

UBC Group Limited

Pursuer

Atholl Developments (Slacbuie) Limited

Defender

Procedural Posture

Commercial Action / Preliminary Hearing on Motion to Sist for Arbitration

Legal Issues

  1. 1 Whether the pursuers had waived their right to insist on arbitration by their conduct and delay
  2. 2 Whether the motion to sist for arbitration should be granted in light of the parties' procedural actions

Ratio Decidendi

The pursuers' conduct, including failure to raise arbitration at the outset and proceeding as if the dispute would be resolved in court, amounted to a waiver of their right to insist on arbitration. The motion to sist was therefore refused.

Court Disposition

Motion to sist for arbitration refused

Orders

  • Pursuers' motion to sist for arbitration refused