Bennet v. Bennet [1903] ScotLR 40_341 (31 January 1903)

Bennet v. Bennet [1903] ScotLR 40_341 (31 January 1903)

Since there are matters within the claim that fall within the scope of the arbitration clause, and the arbiter has not yet made any decision beyond his powers, there is no ground for the Court to interfere or interdict the arbitration at this stage. The arbiter should be allowed to proceed, and it is assumed he will confine himself to matters within his jurisdiction.

Citation
[1903] ScotLR 40_341
Parties
Complainer/reclaimer: Charles Bennet; Complainer/reclaimer: Robert Bennet; Complainer/reclaimer: George Bennet; Respondent: James Bennet
Jurisdiction
Scotland
Judgment Date
31 January 1903
Procedural Posture
Note of Suspension and Interdict (appeal/reclaiming Note) / Inner House, First Division, Appeal From Lord Ordinary
Outcome
Interdict refused; interlocutor of Lord Ordinary adhered to; arbitration to proceed.
Legal Topics
Scope of Arbitration Clause, Jurisdiction of Arbiter, Interdict Against Arbitration, Partnership Dissolution
Arbitration Partnership Law Scope of Arbitration Clause Jurisdiction of Arbiter Interdict Against Arbitration Partnership Dissolution

Case Brief

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Parties

Charles Bennet

Complainer/reclaimer

Robert Bennet

Complainer/reclaimer

George Bennet

Complainer/reclaimer

James Bennet

Respondent

Procedural Posture

Note of Suspension and Interdict (appeal/reclaiming Note) / Inner House, First Division, Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the arbiter can be interdicted from proceeding with arbitration on matters allegedly outside the scope of the arbitration clause
  2. 2 Whether the arbitration should be stopped where some claims may be ultra vires the arbiter

Ratio Decidendi

Since there are matters within the claim that fall within the scope of the arbitration clause, and the arbiter has not yet made any decision beyond his powers, there is no ground for the Court to interfere or interdict the arbitration at this stage. The arbiter should be allowed to proceed, and it is assumed he will confine himself to matters within his jurisdiction.

Court Disposition

Interdict refused; interlocutor of Lord Ordinary adhered to; arbitration to proceed.

Orders

  • Interim interdict recalled
  • Note of suspension refused