A contract for works contained an arbitration clause, which, following a dispute was invoked. The council sought an interdict against the appointment of an arbiter on the grounds that any dispute was now time barred, and that the dispute was not of a nature to found a reference. The defenders said there had been an interruption of the running of time in the dispute. The arbiter could himself decide if the dispute was time barred, and also whether there was a dispute capable of arbitration. Interim interdict refused.
[2001] ScotHC 105
Bailii
Prescription and Limitation (Scotland) Act 1973 6
Scotland
Updated: 03 September 2021; Ref: scu.166520
