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Scottish Court of Session Decisions >>
Lord Lovat v Fraser of Phopachy. [1738] Mor 625 (22 June 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0200625-008.html Cite as:
[1738] Mor 625
Subject_1 ARBITRATION. Subject_2 Power of Arbiters.
Lord Lovat v. Fraser of Phopachy
Date: 22 June 1738 Case No. No 8.
In a case, where a submission to arbiters was made of certain particulars, as also a general submission of all other claims, the arbiters having determined only as to the particulars, but not as to the general, the decree was found, notwithstanding, good.
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The effect of arbiters not determining the whole particulars submitted, is settled by a distinction, whether it be a submission only of particulars, or only general, or of particulars with a general.
In the first and second case, the leaving any thing open, voids the whole: in the third case, the particulars being determined, the decree stands good, though there be nothing done upon the general; provided that no claim upon the general, having connection with any of the particulars determined, be left undetermined.
Accordingly, in this case, where the submission was of particulars, with a general subjoined of all other claims, the Lords sustained the decreet-arbitral, whereby all the said particulars were determined, although there were other claims, falling under the general, left undetermined by the arbiters.
Fol. Dic. v. 3. p. 35. Kilkerran, (Arbitration.) No 1. p. 33.
