swarb.co.uk - law index
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Construction - From: 1200 To: 1799
This page lists 1 cases, and was prepared on 20 May 2019.
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 ]
