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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr. Francis Grant v Ochterlony. [1748] 2 Elchies 41 (15 November 1748)
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Cite as: [1748] 2 Elchies 41
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[1748] 2 Elchies 41
Subject_1 ARBITRATION.
Date: Mr Francis Grant
v.
Ochterlony
15 November 1748
Case No.No. 8.
Foreign decreet-arbitral.
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Decreet-Arbitral pronounced in England by Englishmen upon a submission entered into there by Scots merchants, whereof one commonly resided in England and the other in Scotland, and in the Scots form, with a clause of registration in our books, where it was accordingly registrated, being quarrelled on the head of gross iniquity, as was pretended; and it being alledged that in England decreets-arbitral may be set aside on iniquity, though by our regulations 1695 they cannot; the Court was divided
whether such reduction was competent here of the decreet. Pro were, Milton, Drummore, Kilkerran, et ego. Con were, President, Dun, Minto. But without a vote, we remitted to the Lord Ordinary to hear parties procurators on the article of enorm lesion. N. B. There had been two former submissions in the English form by bonds conditional. See Foreign.
The electronic version of the text was provided by the Scottish Council of Law Reporting