M'Millan & Son, Ltd v. Rowan & Co. [1903] ScotLR 40_265 (16 January 1903)

M'Millan & Son, Ltd v. Rowan & Co. [1903] ScotLR 40_265 (16 January 1903)

The court has no jurisdiction under the Arbitration (Scotland) Act 1894 to appoint an arbiter where the contract merely provides for reference 'to arbitration' without specifying whether the reference is to a single arbiter or to two arbiters; the statutory procedure for court appointment is only available in those specified cases.

Citation
[1903] ScotLR 40_265
Parties
Petitioner: M'Millan & Son, Limited; Respondent: Rowan & Company
Jurisdiction
Scotland
Judgment Date
16 January 1903
Procedural Posture
Petition Under Arbitration (scotland) Act 1894 / Reclaiming Note (appeal) Against Refusal of Petition
Outcome
petition refused; interlocutor affirmed; court adhered
Legal Topics
Appointment of Arbiter, Jurisdiction Under Arbitration (scotland) Act 1894, Validity of Arbitration Clause
Arbitration Contract Law Appointment of Arbiter Jurisdiction Under Arbitration (scotland) Act 1894 Validity 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 6 Party arguments 2
Sign in to unlock

Parties

M'Millan & Son, Limited

Petitioner

Rowan & Company

Respondent

Procedural Posture

Petition Under Arbitration (scotland) Act 1894 / Reclaiming Note (appeal) Against Refusal of Petition

Legal Issues

  1. 1 Whether the court has jurisdiction under the Arbitration (Scotland) Act 1894 to appoint an arbiter where the contract refers disputes simply 'to arbitration' without specifying the number or identity of arbiters.
  2. 2 Whether a general reference to arbitration is sufficient to invoke the statutory procedure for court appointment of an arbiter.

Ratio Decidendi

The court has no jurisdiction under the Arbitration (Scotland) Act 1894 to appoint an arbiter where the contract merely provides for reference 'to arbitration' without specifying whether the reference is to a single arbiter or to two arbiters; the statutory procedure for court appointment is only available in those specified cases.

Court Disposition

petition refused; interlocutor affirmed; court adhered

Orders

  • Prayer of the petition refused.
  • Interlocutor of Lord Ordinary affirmed.