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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Macanqual v Geo. Boswell. [1563] Mor 636 (14 May 1563)
URL: http://www.bailii.org/scot/cases/ScotCS/1563/Mor0200636-023.html
Cite as: [1563] Mor 636

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[1563] Mor 636      

Subject_1 ARBITRATION.
Subject_2 Time of Endurance.

John Macanqual
v.
Geo Boswell.

Date: 14 May 1563
Case No. No 23.

A submission is dissolved by the death of either of the parties, or of the arbiter.


Click here to view a pdf copy of this documet : PDF Copy

The arbiters may not be compellit to accept the compromit, because the office of arbitrie, and acceptation thereof, are voluntar.—An compromit not beand acceptit be the arbiteris, it is leasum to the parties to revoke the samin.—Compromit and arbitrie is dissolvit and endit, gif ather of the parties of arbiteris happenis to deceis befoir the geving of the decrete.

The compromit expires, gif the sentence be not pronouncit in the cause befoir the end of the day contenit in the compromit; and the air of him quha is deceist may not be compellit to fulfil or obey the decrete, except special mentioun be made in the compromit of the air. And gif na express mentioun be maid of ony day in the compromit, within the whilk decrete sould be pronuncit and gevin, the compromit is ended and expyrit, gif the arbiteris pronunce not thair decrete within zeir and day efter the dait of the compromit, na prorogation thairof beand maid with consent of the parties.

Balfour, (Arbitrie.) p. 413.

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/1563/Mor0200636-023.html