Orkney Islands Council, Re Petition For Suspension & Interdict & Interim Interdict [2001] ScotCS 222 (21 September 2001)

Orkney Islands Council, Re Petition For Suspension & Interdict & Interim Interdict [2001] ScotCS 222 (21 September 2001)

Prescription issue is a dispute capable of being determined by an arbiter under the arbitration clause; court should not interfere unless only one tenable resolution exists; as two-sided dispute exists, arbitration must proceed.

Citation
[2001] ScotCS 222
Parties
Petitioner: Orkney Islands Council; Respondent: Unknown Respondents (sub-contractors)
Jurisdiction
Scotland
Judgment Date
21 September 2001
Procedural Posture
Petition for Suspension & Interdict & Interim Interdict / Interim Interdict Motion
Outcome
Motion for interim interdict refused
Legal Topics
Arbitration Clause, Prescription, Interdict, Jurisdiction of Court Vs Arbiter
Arbitration Contract Law Civil Procedure Arbitration Clause Prescription Interdict Jurisdiction of Court Vs Arbiter

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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Orkney Islands Council

Petitioner

Unknown Respondents (sub-contractors)

Respondent

Procedural Posture

Petition for Suspension & Interdict & Interim Interdict / Interim Interdict Motion

Legal Issues

  1. 1 Whether the claim is prescribed and thus extinguished under the Prescription and Limitation Act (Scotland) 1973
  2. 2 Whether a dispute exists that is capable of arbitration
  3. 3 Whether preliminary notices of arbitration interrupt prescription

Ratio Decidendi

Prescription issue is a dispute capable of being determined by an arbiter under the arbitration clause; court should not interfere unless only one tenable resolution exists; as two-sided dispute exists, arbitration must proceed.

Court Disposition

Motion for interim interdict refused

Orders

  • Interim interdict not granted
  • Motion refused in hoc statu