M'Cosh v. Moore [1905] ScotLR 43_167 (27 October 1905)

M'Cosh v. Moore [1905] ScotLR 43_167 (27 October 1905)

The arbitration clause in the lease is comprehensive and covers disputes arising at or after the termination of the lease, including obligations to restore land and remove erections. The arbiter's award is within jurisdiction and binding; specific performance is appropriate.

Citation
[1905] ScotLR 43_167
Parties
Pursuer/respondent: Andrew Kirkwood M'Cosh; Defender/reclaimer: Alexander George Moore
Jurisdiction
Scotland
Judgment Date
27 October 1905
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; Lord Ordinary's judgment affirmed
Legal Topics
Scope of Arbitration Clauses, Lease Obligations, Specific Performance, Post Termination Obligations, Construction of Contract Terms
Arbitration Property Law Contract Law Scope of Arbitration Clauses Lease Obligations Specific Performance Post Termination Obligations Construction of Contract Terms

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Parties

Andrew Kirkwood M'Cosh

Pursuer/respondent

Alexander George Moore

Defender/reclaimer

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does the arbitration clause in the mineral lease cover disputes arising after lease termination?
  2. 2 Are the tenant's obligations to restore land and remove erections enforceable post-lease?
  3. 3 Is the arbiter's award ultra vires or within jurisdiction?

Ratio Decidendi

The arbitration clause in the lease is comprehensive and covers disputes arising at or after the termination of the lease, including obligations to restore land and remove erections. The arbiter's award is within jurisdiction and binding; specific performance is appropriate.

Court Disposition

appeal dismissed; Lord Ordinary's judgment affirmed

Orders

  • Defender to implement arbiter's decree-arbitral, including removal of engine-seats, restoration of areas, fencing of pit shafts, and restoration of drains and watercourses, all to satisfaction of arbiter within reasonable time.
  • Defender to pay sums of expenses as found by arbiter.