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Apollo Engineering Ltd v James Scott Ltd [2008] ScotCS CSOH_39 Expenses : Judicial review of power of arbiter in interlocuotories to order payment of expenses. Arbitration not governed by rules only the common law. Lord Malcolm. Outer House Court of Session : 7th March 2008

Arbitration Case Data Base by date Scottish Arbitration Case data base by date. Last updated 26th July 2007.

Bruce v Kordula [2001] ScotSC CA79/14/00 Arbitrator to be appointed by a non-existent body. Held : court would not substitute an actual body, however close the title, since it could not be assumed that is what the parties meant. The arbitration clause failed for uncertainty. Lord Hamilton. 15th May 2001.

Cleland v Smith [2005] ScotCS CSIH_47 Arbitration and expert determination distinguished. Lord President, Lord Nimmo Smith, Lord Emslie. 1st Div. Inner House, Court of Session. 29th April 2005.

George Martin (Builders) Ltd v Shaheed Jamal [2000] Scotsc A1291/98 Waiver : application to sist hearing to arbitration denied. By participating in the litigation without complaint the right to arbitrate was lost. Sherif A.L. Stewart, Q.C. Dundee. 7th July 2000.

Haden Young Ltd, Re Petition for Judicial Review [2003] ScotCS 140 Evidence. Court requested to examine by judicial review the exercise of case management by an arbitrator regarding the late introduction of expert evidence and opportunity for cross examination. Court refused to interfere. Lord Brodie. Outer House Court of Session. 6th May 2003.

Haden Young v Dinsmore & McCrindle [2003] ScotSC P624/03 Court requested to examine by judicial review the exercise of case management by an arbitrator regarding the late introduction of expert evidence and opportunity for cross examination. Court refused to interfere. Outer House Court of Session. Lord Brodie. 6th May 2003.

La Pantofola D\'Orso S.P.A. v Blaine [1999] ScotsSC CA107/14(20)/97 Application to cist to arbitration rejected. The litigation had proceeded without objection. Claimaint had waived right to arbitration. Outer House Court of Session. Lord Hamilton. 5th November 1999

McGruther v Blin [2003] ScotSC P30/01 Liquidation proceedings cisted pending outcome of arbitration by lower court. Appeal repelled. Extra Division Inner House Court of Session : Lords Hamilton; McCluskey; Weir; 23rd December 2003.

McGruthor & Apollo Enginering [2002] P310/01 Liquidation proceedings cisted by lower court pending outcome of arbitration. Appeal repelled on the facts. Outer House Court of Session. Lady Smith. 26th November 2002

Newman Shopfitters Ltd v. M.J. Gleeson Group Plc [2003] ScotSC 17 Want of prosecution : Case cisted for want of prosecution ? originally destined for arbitration ? claimants delayed excessively and lost right of action. Sheriff Principal Iain MacPhail QC 4th March 2003.

Orkney Islands Council [2001]) Scotcourts P59/501 Jurisdiction : limitation : Court held whether limitation applied and whether there was a dispute were matters for the arbitrator not the court. Outer House. Court of Session. Lord Johnson. 21st September 2001

Pirie v Shore Potters Society [2003] ScA136/93 Parties to an arbitration clause : Members of a society agreed to arbitrate differences. The applicant had been expelled. In consequence he was no longer a member and not entitled to arbitration. Outer House Court of Session. Lord Bonomy. 8th April 2003

Scottish Equitable Plc v Miller Construction Ltd [2001] ScotCS 214 Limitation : accrual of action. Application by arbiter for declaration regarding the time when action accrued and accordingly whether or not the claims were out of time. Inner House, Court of Session before Lord Prosser; Lord Milligan; Lord Kingarth. 31st August 2001.

Sim Group v Neil Jack [2002] Scottsc Outer Ct Arbitrator issued a final award. Subsequently a party sought to refer another dispute to the arbitrator. Held : Functus Officio : The appointment procedure must be followed to make a fresh appointment. Outer House Court of Session. Lord Clarke. 5th June 2002

Tor Corporate AS v. Sinopec Group Star Petroleum Corporation Ltd [2007] ScotCS CSOH_86 Time bar to challenge arbitration award subject to UNCITRAL Arbitration Rules. Application submitted outside the 3 month time bar - and accordingly rejected. Lady Paton. Outer House Court of Session. 29th May 2007

Tor Corporate AS v. Siopect Group Start Petroleum Corp Ltd [2008] ScotCS CSIH_9 Application to set aside an award : Article 34 Model Law. Lord Macfadyen; Lord Kingarth; Lord Eassie. Extra Div. Inner House Court of Session. 18th January 2008

Wylie v Corrigan [1998] ScotSC Application to cist to arbitration rejected. The litigation had proceeded without objection and decisions entered upon the record. Applicant had waived right to arbitration. Lord Coulsfield;
Lord Milligan; Lord Allanbridge. 13 October 1998



 
     
       
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