ERDC Construction Ltd v H M Love & Co
ERDC Construction Ltd v H M Love & Co
- 1995
- Scots Law Times 1995 SLT 254-272(19) .
Second Division. The Lord Justice Clerk (Ross), Lords McCluskey and Wylie. 7 July 1994 Arbitration - deed of submission - construction - scope of arbiter`s jurisdiction - whether to be determined solely by deed of submission to arbiter or by reference also to general arbitration clause in contract between parties. Arbitration - jurisdiction of arbiter - objection to competency of claim - whether party barred from stating objection where not included in pleadings in arbitration prior to closing of record. Contract - breach of contract - claim based on quantum meruit - whether necessary for innocent party to repudiate contract before putting forward claim based on quantum meruit.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CONTRACT CLAIMS
TENEMENT REPAIRS
Second Division. The Lord Justice Clerk (Ross), Lords McCluskey and Wylie. 7 July 1994 Arbitration - deed of submission - construction - scope of arbiter`s jurisdiction - whether to be determined solely by deed of submission to arbiter or by reference also to general arbitration clause in contract between parties. Arbitration - jurisdiction of arbiter - objection to competency of claim - whether party barred from stating objection where not included in pleadings in arbitration prior to closing of record. Contract - breach of contract - claim based on quantum meruit - whether necessary for innocent party to repudiate contract before putting forward claim based on quantum meruit.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CONTRACT CLAIMS
TENEMENT REPAIRS