A lease of a sheep farm for five years expiring at Whitsunday 1909. provided that at the expiry of the lease ‘the tenant shall leave the sheep stock on the farm to the proprietors or incoming tenant according to the valuation of men mutually chosen, with power to name an oversman.’ The Agricultural Holdings (Scotland) Act 1908, section 11 (1), enacts-‘All questions which under this Act or under the lease are referred to arbitration shall . . be determined, notwithstanding any agreement under the lease or otherwise providing for a different method of arbitration, by a single arbiter in accordance with the provisions set out in the second schedule to this Act.’ Held that the Act applied, and that a single arbiter fell to be appointed.
Judges:
Lord Chancellor (Loreburn), the Earl of Halsbury, Lord Atkinson, and Lord Mersey
Citations:
47 SLR 536, [1910] UKHL 2, 1910 1 SLT 326, 1910 SC (HL) 47, [1910] AC 455, [1910] UKHL 536
Links:
Jurisdiction:
Scotland
Citing:
At SCS – Stewart v Williamson SCS 13-Jul-1909
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Lists of cited by and citing cases may be incomplete.
Arbitration, Agriculture
Updated: 25 April 2022; Ref: scu.619791