Pinnock Bros v Lewis and Peat Ltd: 1923

Roche J said as to Ayscough: ‘In that case the arbitrator decided – whether rightly or wrongly is immaterial for present purposes – that by reason of a clause as to time contained in the contract, the plaintiffs had no claim, and therefore he dismissed it. In the present case, the arbitrator merely decided that he had no jurisdictio, and that being in the award does not and cannot determine the substance of the plaintiff’s claim.’
Later he said: ‘The mere presence of an arbitration clause is no defence to an action on the contract.An award following on the arbitration clause mnay be an answer to the claim, and it will be an answer where it deal with the claim

Judges:

Roche J

Citations:

[1923] 1 KB 690

Litigation Practice

Updated: 18 May 2022; Ref: scu.509129