Currie Gilmour and Co v Stronachs LLP Re ARBITRATION APPEAL No 1 OF 2019 [2019] ScotCS CSOH_60 (19 July 2019)

Currie Gilmour and Co v Stronachs LLP Re ARBITRATION APPEAL No 1 OF 2019 [2019] ScotCS CSOH_60 (19 July 2019)

The grounds advanced by the petitioner do not demonstrate a manifest legal error or anything 'obviously wrong' in the arbitrator's reasoning or decision. The test under Rule 70 is not met as the possibility that the arbitrator was right cannot be excluded.

Citation
[2019] ScotCS CSOH_60
Parties
Petitioner: Currie Gilmour and Co; First Respondent: Stronachs LLP; Second Respondent: Davidson Chalmers Stewart LLP
Jurisdiction
Scotland
Judgment Date
19 July 2019
Procedural Posture
Arbitration Appeal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Leave to Appeal, Legal Error, Arbitration Award, Contractual Interpretation
Arbitration Contract Law Leave to Appeal Legal Error Arbitration Award Contractual Interpretation

Case Brief

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Parties

Currie Gilmour and Co

Petitioner

Stronachs LLP

First Respondent

Davidson Chalmers Stewart LLP

Second Respondent

Procedural Posture

Arbitration Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the arbitrator's decision contained an 'obviously wrong' legal error justifying leave to appeal under Rule 70 of the Scottish Arbitration Rules

Ratio Decidendi

The grounds advanced by the petitioner do not demonstrate a manifest legal error or anything 'obviously wrong' in the arbitrator's reasoning or decision. The test under Rule 70 is not met as the possibility that the arbitrator was right cannot be excluded.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal is refused.