Goodwins, Jardine, & Co., Ltd v. Charles Brand & Son [1905] ScotLR 42_806 (19 July 1905)

Goodwins, Jardine, & Co., Ltd v. Charles Brand & Son [1905] ScotLR 42_806 (19 July 1905)

The arbitration clause from the principal contract was not incorporated into the sub-contract for matters outside the subject-matter of the principal contract, such as disputes over price between contractor and sub-contractor; incorporation applies only to matters inseparable from execution of works affecting both contracts.

Citation
[1905] ScotLR 42_806
Parties
Pursuer: Goodwins, Jardine, & Company, Limited; Pursuer: James Watson Stewart, C. A., Glasgow, the liquidator thereof; Defender: Charles Brand & Son
Jurisdiction
Scotland
Judgment Date
19 July 1905
Procedural Posture
Civil / Appeal on Interlocutor, Proof Allowed, Remitted to Lord Ordinary
Outcome
Lord Ordinary's interlocutor recalled; proof allowed; case remitted to Lord Ordinary for proof.
Legal Topics
Incorporation of Arbitration Clause, Sub Contracts, Reference to Specification, Scope of Arbitration Clause
Contract Law Arbitration Incorporation of Arbitration Clause Sub Contracts Reference to Specification Scope of Arbitration Clause

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Goodwins, Jardine, & Company, Limited

Pursuer

James Watson Stewart, C. A., Glasgow, the liquidator thereof

Pursuer

Charles Brand & Son

Defender

Procedural Posture

Civil / Appeal on Interlocutor, Proof Allowed, Remitted to Lord Ordinary

Legal Issues

  1. 1 Whether the arbitration clause in the principal contract was incorporated into the sub-contract between pursuers and defenders
  2. 2 Whether disputes between contractor and sub-contractor, specifically as to price, fall within the scope of the arbitration clause

Ratio Decidendi

The arbitration clause from the principal contract was not incorporated into the sub-contract for matters outside the subject-matter of the principal contract, such as disputes over price between contractor and sub-contractor; incorporation applies only to matters inseparable from execution of works affecting both contracts.

Court Disposition

Lord Ordinary's interlocutor recalled; proof allowed; case remitted to Lord Ordinary for proof.

Orders

  • Recall interlocutor sustaining arbitration plea
  • Allow parties proof of respective averments