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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Lovat v Fraser's Children. [1738] 1 Elchies 33 (12 January 1738)
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Subject_1 ARBITRATION.
Lord Lovat
v.
Fraser's Children
1738 ,Jan. 12 .
Case No.No. 4.
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The question concerning the reduction of a dccreet-arbitral, for that all the articles claimed, were not determined, but some referred to the Judge Ordinary, seems to be of general importance. It carried by a majority to repel the reasons of reduction. What seemed to move some of the Lords was, that the submission was general, except as to one particular; and they thought, that though in special submissions, the whole particulars must be determined; yet in general submissions some articles may be determined, and others having no connection with the articles determined may be referred; and so where one particular is submitted, that one may be determined, and even others with respect to the general clause, and yet other articles having no connection with them left undetermined. Renit. Justice-Clerk, Drummore, Haining, Kilkerran, Leven, et me.
The electronic version of the text was provided by the Scottish Council of Law Reporting