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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Ramsay v George Robertson. [1782] Hailes 912 (20 November 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Hailes020912-0591.html
Cite as: [1782] Hailes 912

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[1782] Hailes 912      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ARBITRATION.
Subject_3 Award, though signed by the arbiters, and delivered to their clerks, may be altered by them.

Alexander Ramsay
v.
George Robertson

Date: 20 November 1782

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[Fac. Coll. IX. 171; Dict. 653.]

Braxfield. Arbiters may draw up and sign twenty decreets-arbitral, and successively cancel every one of them. An arbiter does nothing effectual until he either delivers or registers his decreet.

Hailes. The error in the suspender's argument lies here: He supposes that the clerk to a submission is the servant of the parties submitters; and that the lodging a decreet-arbitral with him is the same thing as delivering it to the parties: but that is not the case. The clerk is the servant of the arbiters, and his possession is their possession.

On the 20th November 1782, “The Lords found the letters orderly proceeded;” adhering to Lord Braxfield's interlocutor.

Act. Charles Hay. Alt. Sir John Ramsay.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1782/Hailes020912-0591.html