Arbitration - 1900- 1929

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This page lists 7 cases, and was prepared on 27 October 2012.

Re Collyer-Bristow & Co [1901] 2 KB 839
1901	Arbitration, Litigation Practice	Casemap 1 Citers
	The issue was whether a bill of the solicitors employed to advise the Umpire was taxable and, if so, in which Division of the High Court

Stewart -v- Williamson (Appointment of Arbitrator) [1910] UKHL 2; 1910 1 SLT 326; 1910 SC (HL) 47; [1910] AC 455
29 Apr 1910 HL	Arbitration, Scotland
	Link[s] omitted

T W Thomas & Co Ltd -v- Portsea Steamship Co Ltd [1912] AC 1
1912 PC	Contract, Arbitration	Casemap 1 Citers
	The board discussed the approach to the incorporation of arbitration clauses and jurisdiction clauses from one contract into another such as a bill of lading.

Jureidini -v- National British and Irish Millers Insurance Company Limited [1915] AC 499
1915 HL Viscount Haldane, LC, Lord Dunedin, Lord Atkinson, Lord Parmoor, Lord Parker of Waddington	Insurance, Arbitration, Contract	Casemap 1 Citers
	An insurance company disputed liability of a claim arising out of a fire, alleging fraud and arson. These allegations were not sustained. The insurer then sought to resist liability on the basis that, by litigating, the insured was in breach of an arbitration clause in the policy. The arbitration clause applied only "if any difference arises as to the amount of any loss or damage" and provided that "it shall be a condition precedent to any right of action or suit upon this policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained". Held: the insurance company was not entitled to rely on the arbitration clause. The arbitration clause applied only to differences concerning the amount of loss and, therefore, not to a claim that was repudiated by the insurer altogether. (Haldane obiter) "there has been in the proceedings throughout a repudiation on the part of the respondents of their liability based upon charges of fraud and arson, the effect of which, if they are right, is that all benefit under the policy is forfeited. But one of the benefits is the right to go to arbitration under this contract, and to establish your claim in a way which may, to some people, seem preferable to proceeding in the Courts; and accordingly that is one of the things which the appellants have, according to the respondents, forfeited with every other benefit under the contract. Now my Lords, speaking for myself, when there is a repudiation which goes to the substance of the whole contract I do not see how the person setting up that repudiation can be entitled to insist on a subordinate term of the contract still being enforced."

Re Boks & Co v Peters, Rushton & Co Ltd [1919] 1 KB 491
1919 CA Scrutton LJ	Arbitration, Litigation Practice	1 Citers
	The alternative procedure for seeking enforcement of an arbitrator's award is by an action upon the award. The procedure is to be used only in "reasonably clear cases".

Czarnikow -v- Roth Scmidt & Co [1922] 2 KB 478
1922	Arbitration	1 Citers
	It is aganst public policy to seek to oust the jurisdiction of the court.

Joe Lee Ltd -v- Lord Dalmeny [1927] 1 Ch 300
1927 Eve J	Arbitration	Casemap 1 Citers
	Bets were disputed, and particularly the status of a clause in the bookmaker's book of rules which provided:- "Should unfortunately any dispute arise we stipulate that the matter be referred within 30 days to the editor of any paper in which we advertise or another responsible arbitrator by mutual agreement." Held: "That the rules in this book, if accepted, expressly or by conduct, would constitute a contract or agreement by way of gaming or wagering would not be disputed, but it has been argued that the paragraph I have read is not included under the heading 'Rules', and ought to be treated as a separate agreement, and as one not tainted with the illegality attaching to rules regulating betting transactions. I cannot take that view. The paragraph is, in my opinion, an integral part of the terms upon which alone the plaintiffs were willing to do business with the persons to whom this book was sent . . . I cannot separate that part of the document from the rules and treat the agreement to refer as one distinct and apart from the other contents of this book. There is only one contract and that a contract or agreement by way of gaming or wagering, a contract therefore which is void and cannot be made the foundation of any successful application in these Courts."