Subject_1 ARBITRATION. Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.
Erskine v. Strachan
Date: 10 January 1615 Case No. No 38.
A decree-arbitral, upon a judicial act of submission, sustained, where the parties did not subscribe.
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In an action pursued by John Erskine of Balhagart contra William Strachan of Glenkyndie, for fulfilling of a decreet-arbitral, proceeding upon a judicial act of submission made before the Sheriff of Aberdeen in anno 1577, betwixt James Gordon of Haddo, brother of Balhagart, and William Strachan of Glenkyndie, goodsir to this Glenkyndie, the Lords sustained the judicial act, because it made mention of the dependence of the action of cognition depending betwixt the parties; and found the same good, being before the act of Parliament 1579, notwithstanding it was not subscribed by the parties.
