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ERDC Construction Ltd v H M Love & Co

Language: English Series: Scots Law Times ; 1995 SLT 254-272(19)Publication details: 1995Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article E2238 (Browse shelf(Opens below)) 1 Available 38327-1001

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.