Stewart v Williamson (Appointment of Arbitrator) [1910] UKHL 2 (29 April 1910)

Stewart v Williamson (Appointment of Arbitrator) [1910] UKHL 2 (29 April 1910)

The lease clause referring valuation to mutually chosen persons constitutes 'arbitration' within the meaning of section 11 of the Agricultural Holdings (Scotland) Act 1908, and is therefore superseded by the Act.

Citation
[1910] UKHL 2
Parties
Appellant: Stewart; Respondent: Williamson
Jurisdiction
United Kingdom
Judgment Date
29 April 1910
Procedural Posture
Appeal / House of Lords Decision
Outcome
appeal dismissed
Legal Topics
Arbitration Clause, Valuation Vs Arbitration, Statutory Interpretation, Agricultural Holdings (scotland) Act 1908
Agriculture Contract Law Arbitration Arbitration Clause Valuation Vs Arbitration Statutory Interpretation Agricultural Holdings (scotland) Act 1908

Case Brief

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Parties

Stewart

Appellant

Williamson

Respondent

Procedural Posture

Appeal / House of Lords Decision

Legal Issues

  1. 1 Whether a lease clause requiring valuation of sheep stock is superseded by section 11 of the Agricultural Holdings (Scotland) Act 1908
  2. 2 Whether the reference to mutually chosen valuers constitutes 'arbitration' under the Act

Ratio Decidendi

The lease clause referring valuation to mutually chosen persons constitutes 'arbitration' within the meaning of section 11 of the Agricultural Holdings (Scotland) Act 1908, and is therefore superseded by the Act.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.