Apollo Engineering Ltd v James Scott Ltd [2008] ScotCS CSOH_39 (07 March 2008)

Apollo Engineering Ltd v James Scott Ltd [2008] ScotCS CSOH_39 (07 March 2008)

The arbiter's power to award expenses is inherent and not restricted to final decree arbitral; the arbiter acted within his discretion in dismissing claims on relevancy; no real or apparent bias was established; judicial review is not available to challenge the merits of the arbiter's decisions.

Citation
[2008] ScotCS CSOH_39
Parties
Petitioner: Apollo Engineering Limited; Respondent: James Scott Limited
Jurisdiction
Scotland
Judgment Date
07 March 2008
Procedural Posture
Judicial Review Petition / Final Judgment at First Hearing
Outcome
Petition for judicial review dismissed.
Legal Topics
Arbiter's Powers, Award of Expenses, Judicial Review, Bias in Arbitration, Dismissal of Claims on Relevancy
Arbitration Civil Procedure Arbiter's Powers Award of Expenses Judicial Review Bias in Arbitration Dismissal of Claims on Relevancy

Case Brief

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Parties

Apollo Engineering Limited

Petitioner

James Scott Limited

Respondent

Procedural Posture

Judicial Review Petition / Final Judgment at First Hearing

Legal Issues

  1. 1 Whether the arbiter had power to make an award of expenses prior to final decree arbitral
  2. 2 Whether the arbiter could dismiss claims on relevancy without proof
  3. 3 Whether there was real or apparent bias by the arbiter

Ratio Decidendi

The arbiter's power to award expenses is inherent and not restricted to final decree arbitral; the arbiter acted within his discretion in dismissing claims on relevancy; no real or apparent bias was established; judicial review is not available to challenge the merits of the arbiter's decisions.

Court Disposition

Petition for judicial review dismissed.

Orders

  • Petition dismissed.
  • Expenses granted to respondents.