ARBITRATION APPEAL NO 3 OF 2022 [2023] ScotCS CSOH_69 (06 October 2023)

ARBITRATION APPEAL NO 3 OF 2022 [2023] ScotCS CSOH_69 (06 October 2023)

The arbitrator retained jurisdiction to determine the respondent's claims because the first arbitration was expressly limited in scope and did not address those claims. The conclusion of the first arbitration did not preclude further arbitration on reserved matters. The plea of waiver failed because the petitioners did not aver or prove that they conducted their affairs on the basis of the respondent's abandonment of its right to arbitrate further claims.

Citation
[2023] ScotCS CSOH_69
Parties
Petitioner: Petitioners; Respondent: Respondent
Jurisdiction
Scotland
Judgment Date
06 October 2023
Procedural Posture
Arbitration Appeal / Judgment on Petition Challenging Arbitrator's Award
Outcome
petition refused
Legal Topics
Arbitrator's Jurisdiction, Waiver, Functus Officio, Scope of Arbitration, Personal Bar
Arbitration Contract Law Arbitrator's Jurisdiction Waiver Functus Officio Scope of Arbitration Personal Bar

Case Brief

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Parties

Petitioners

Petitioner

Respondent

Respondent

Procedural Posture

Arbitration Appeal / Judgment on Petition Challenging Arbitrator's Award

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to determine claims advanced after the Second Part Award
  2. 2 Whether the respondent had waived its right to pursue further claims in arbitration

Ratio Decidendi

The arbitrator retained jurisdiction to determine the respondent's claims because the first arbitration was expressly limited in scope and did not address those claims. The conclusion of the first arbitration did not preclude further arbitration on reserved matters. The plea of waiver failed because the petitioners did not aver or prove that they conducted their affairs on the basis of the respondent's abandonment of its right to arbitrate further claims.

Court Disposition

petition refused

Orders

  • Petition refused
  • All questions of expenses reserved