Robertson v. Brandes, Schönwald, & Co. [1906] ScotLR 43_635 (23 May 1906)

Robertson v. Brandes, Schönwald, & Co. [1906] ScotLR 43_635 (23 May 1906)

The validity and effectiveness of the arbitration clause must be determined by English law, as the contract specifies arbitration in London. Proceedings in Scotland are sisted to allow parties to pursue arbitration in England, where the English court will decide if the clause is valid and covers the dispute.

Citation
[1906] ScotLR 43_635
Parties
Pursuer: John Robertson; Defender: Brandes, Schönwald, & Company
Jurisdiction
Scotland
Judgment Date
23 May 1906
Procedural Posture
Contract Dispute / Appeal Against Interlocutor
Outcome
action sisted
Legal Topics
Arbitration Clause Validity, Choice of Law, Foreign Arbitration, Construction of Contract
Contract Private International Law Arbitration Arbitration Clause Validity Choice of Law Foreign Arbitration Construction of Contract

Case Brief

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Parties

John Robertson

Pursuer

Brandes, Schönwald, & Company

Defender

Procedural Posture

Contract Dispute / Appeal Against Interlocutor

Legal Issues

  1. 1 Which law governs the validity and effectiveness of the arbitration clause in a contract between parties from different countries?
  2. 2 Does the arbitration clause cover the dispute regarding breach of contract for defective quality?
  3. 3 Is the arbitration clause valid if no arbiters are named?

Ratio Decidendi

The validity and effectiveness of the arbitration clause must be determined by English law, as the contract specifies arbitration in London. Proceedings in Scotland are sisted to allow parties to pursue arbitration in England, where the English court will decide if the clause is valid and covers the dispute.

Court Disposition

action sisted

Orders

  • Recal the Lord Ordinary's interlocutor so far as it allows proof.
  • Find that the arbitration clause falls to be construed by English law.