Sim Group Ltd v. Neil Jack & C [2002] ScotCS 158 (5th June, 2002)

Sim Group Ltd v. Neil Jack & C [2002] ScotCS 158 (5th June, 2002)

Once the arbiter issued his final decree arbitral, he became functus officio and had no further jurisdiction under the Deed of Appointment. Any purported further arbitral proceedings were ultra vires and could be interdicted by ordinary action. The supervisory jurisdiction of the Court of Session did not apply as the arbiter no longer had any delegated function.

Citation
[2002] ScotCS 158
Parties
Pursuer: Sim Group Ltd (formerly known as James Sim (Building & Civil Engineering) Limited); First Defender: Neil Jack; Second Defender: Douglas Dickson (Property Management) Limited
Jurisdiction
Scotland
Procedural Posture
Ordinary Action for Interdict / Decision on Competency and Merits After Debate on Preliminary Pleas
Outcome
Decree of interdict granted as concluded for by the pursuer; second defenders' plea to competency repelled; no relevant defence by defenders.
Legal Topics
Functus Officio, Arbitrator's Jurisdiction, Interdict, Judicial Review, Building Contract Disputes
Arbitration Civil Procedure Contract Law Functus Officio Arbitrator's Jurisdiction Interdict Judicial Review Building Contract Disputes

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Parties

Sim Group Ltd (formerly known as James Sim (Building & Civil Engineering) Limited)

Pursuer

Neil Jack

First Defender

Douglas Dickson (Property Management) Limited

Second Defender

Procedural Posture

Ordinary Action for Interdict / Decision on Competency and Merits After Debate on Preliminary Pleas

Legal Issues

  1. 1 Whether an arbiter is functus officio after issuing a final decree arbitral
  2. 2 Whether challenge to an arbiter's purported jurisdiction must be by judicial review or ordinary action for interdict
  3. 3 Whether the Deed of Appointment allowed for further arbitral jurisdiction after a final award

Ratio Decidendi

Once the arbiter issued his final decree arbitral, he became functus officio and had no further jurisdiction under the Deed of Appointment. Any purported further arbitral proceedings were ultra vires and could be interdicted by ordinary action. The supervisory jurisdiction of the Court of Session did not apply as the arbiter no longer had any delegated function.

Court Disposition

Decree of interdict granted as concluded for by the pursuer; second defenders' plea to competency repelled; no relevant defence by defenders.

Orders

  • Interdict granted against the first defender from proceeding with any purported arbitration under the Deed of Appointment dated 7 June 1994.
  • Second defenders' first plea-in-law repelled.