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Scottish Court of Session Decisions >>
George Robertson v Alexander Ramsay. [1783] Mor 653 (20 June 1783)
URL: http://www.bailii.org/scot/cases/ScotCS/1783/Mor0200653-051.html Cite as:
[1783] Mor 653
Subject_1 ARBITRATION. Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.
George Robertson v. Alexander Ramsay
Date: 20 June 1783 Case No. No 51.
The award, though signed by the arbiters, and delivered to their clerk, may be altered by them.
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Alexander Ramsay being charged on a decreet-arbitral, decerning him to pay L. 130 Scots to George Robertson; in a bill of suspension,
Pleaded: Before pronouncing this award, the arbiters had given a judgment, finding the suspender liable only in L. 3 Sterling, which had been signed by them, and delivered to the clerk of the submission. In this manner their authority was at an end, and the rights of the parties unalterably ascertained.
Answered: Till an award has been delivered to the parties, or put upon record; it may be revised, or altered by the arbiters, in the same manner as the interlocutor of a judge, before it is put into the process. The clerk in a submission being the servant of the arbiters, his possession of the signed award in this case was of no greater effect than that of the arbiters themselves.
The Lords ‘found the letters orderly proceeded, and expences due.’ (See Writ. Delivery in what case necessary.)
Lord Ordinary, Braxfield.Act. Cha. Hay.Alt. Sir John Ramsay.Clerk, Menzies.
Fac. Col. No 108. p. 171.
