A notice was served seeking to refer a dispute to arbitration. By the time of the hearing the claim itself would be time barred, unless it could be established that service of the notice was enough to suspend time running. It was argued that the notice served to stop time running only conditional upon an arbitration being begun. The court decided that the issue of limitation could properly be determined by an arbitrator, and the court should not intervene.
[2001] ScotCS 222
Bailii
Prescription and Limitation (Scotland) Act 1973 6
Scotland
Updated: 17 September 2021; Ref: scu.166269