swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Arbitration - From: 1200 To: 1799
This page lists 10 cases, and was prepared on 03 April 2018.
Janet Blak v Andro Hamiltoun; SCS 1541 - [1541] Mor 662
Decree Arbitral; SCS 12-Feb-1549 - [1549] Mor 643
Wood v Scott; SCS 1-Nov-1583 - [1583] Mor 624
L Sillartownhill v Prior of Blantyre; SCS 1-Mar-1593 - [1593] Mor 635
Campbell v Calder; SCS 28-Jan-1612 - [1612] Mor 655
Campbell v Calder; SCS 31-Jan-1612 - [1612] Mor 637
Kynaston and Spencer v Jones [1681] EngR 97; (1681) Al 85; (1681) 82 ER 928 (B)
1681
Arbitration
Debt upon award.
[ Commonlii ]
Norton v Mascall [1687] EngR 971; (1687) 2 Vern 24; (1687) 23 ER 626 (B)
1 May 1687
Arbitration
The plaintiff and defendant had submitted to an arbitrament by bond and an award was made, not binding by form of law, by which the plaintiff was to pay the defendant £900 and to seal a release to the defendant ; and the defendant was to assign several securities he had from the plaintiff. The plaintiff sold some lands to raise the £900, expecting the defendant would receive it, as he gave him intimation he would, and tendered him the £900 and a release executed by the plaintiff ; and though there was no other execution on the plaintiff's part of the award, and though the award was extra judicial, and not good in strictness of law, yet the Lord Chancellor decreed it should be performed in specie
[ Commonlii ]
Case 252 [1748] EngR 385; (1748) 3 Atk 644; (1748) 26 ER 1170 (B)
30 Jul 1748
Arbitration
To a bill brought against an arbitrator. seeking a discovery of the grounds on which he made his award, he pleaded in bar that he was not obliged to set them forth ; the court thought it unreasonable he should be put to so much trouble and expence, and allowed the plea.
[ Commonlii ]
William Milne, Architect In Edinburgh, and Alexander Brown, Merchant In Edinburgh, and Robert Milne, Architect In London, His Cautioners v The Magistrates and Town Council of Edinburgh [1770] UKHL 2_Paton_209
15 Feb 1770
HL
Scotland, Construction, Arbitration
Arbitration Clause - Contract.-
A contract in regard to the execution of the works in building a bridge, contained a clause, referring all differences and disputes to two neutral men of skill, as arbiters to be chosen, and in case of them differing, with power to them to choose an oversman, whose determination was to be final. Held, on a preliminary defence being stated, to a summons raised for failure to implement the contract, founded on this clause, that an agreement to refer all disputes to arbiters, did not bar the present action in this court, and that the plea in this case, was irrelevant and inadmissible.
[ Bailii ]
