Scottish Court of Session Decisions

Subject_1 ARBITRATION.

Lord Lovat
v.
Fraser of Phopachie's Children

1738. January 12.— February
Case No. No. 4.

Effect of arbiters not determining the whole particulars submitted.

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Decreet-Arbitral upon a submission of one particular claim, and in general of all other claggs and claims, to two arbiters, and in case of variance to an oversman; the arbiters determined the article specially submitted, and many others; and several others they referred to the oversman, and for some they reserved action; and the oversman only affirmed what the arbiters had done; and as to the articles referred to him by the arbiters, he refered some to the Judge Ordinary, and others he ordered more special condescendences to be made, which was never done: Yet in a reduction of this decreet, for that the hail matters submitted were not determined, the Lords repelled the reasons of reduction; and some of the Lords thought, that though in special submissions every article must be determined, or none at all, yet that in general submissions some articles may be determined, and others having no connection with them left undecided. (See Dict. No.8. p. 6251.)