ORKNEY ISLANDS COUNCIL FOR SUSPENSION AND INTERDICT [2001] ScotHC 105 (21st September, 2001)

ORKNEY ISLANDS COUNCIL FOR SUSPENSION AND INTERDICT [2001] ScotHC 105 (21st September, 2001)

Where a dispute exists as to whether a claim is prescribed, and the dispute falls within the scope of an arbitration clause, the matter should be referred to arbitration and not be pre-empted by the court, unless only one tenable resolution exists.

Citation
[2001] ScotHC 105
Parties
Petitioner: Orkney Islands Council; Respondent: Unknown (Respondents)
Jurisdiction
Scotland
Procedural Posture
Petition for Suspension and Interdict / Interim Interdict Application
Outcome
interim interdict refused
Legal Topics
Arbitration Clauses, Prescription and Limitation, Jurisdiction of Courts Vs Arbiters, Interim Interdicts
Arbitration Contract Law Civil Procedure Arbitration Clauses Prescription and Limitation Jurisdiction of Courts Vs Arbiters Interim Interdicts

Case Brief

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Parties

Orkney Islands Council

Petitioner

Unknown (Respondents)

Respondent

Procedural Posture

Petition for Suspension and Interdict / Interim Interdict Application

Legal Issues

  1. 1 Whether the court should grant interim interdict to prevent arbitration proceedings on the basis that the claim is prescribed
  2. 2 Whether the issue of prescription is a matter for the court or the arbiter under the arbitration clause

Ratio Decidendi

Where a dispute exists as to whether a claim is prescribed, and the dispute falls within the scope of an arbitration clause, the matter should be referred to arbitration and not be pre-empted by the court, unless only one tenable resolution exists.

Court Disposition

interim interdict refused

Orders

  • Motion for interim interdict refused in hoc statu