Scottish Court of Session Decisions

Subject_1 ARBITRATION.
Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.

Hamilton
v.
Hay

Date: 30 January 1608
Case No. No 35.

A decree-arbitral found null, not having been written out before the expiry of the submission, although verbally pronounced before.

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In an action of improbation, pursued by John Hamilton, against James Hay, for improbation of an decreet-arbitral, which was pronounced upon the 18th of March, and instrument tane upon the pronunciation of the decreet, the judge and witnesses being examined; and, it being found, by their depositions, that they had agreed, by consent of parties, upon their decreet, 18th March, and tane instruments upon their pronounciation; and thereafter given direction to John Robertoun, to frame articles, and, upon the articles, to make ane decreet: Whilk John Robertoun, after the expiring of the submission, had put in form, and delivered it to James Hay, who had insert it with his own hand upon the blank; and the judges had subscribed the same, because the Lords found, by the depositions, that neither the minute, or warrant of the decreet, was written or subscribed by them; nor the decreet insert upon the blank, and subscribed by them, before the day of the expiring of the submission: They ordained the decreet to make no faith.

Fol. Dic. v. 1. p. 50. Haddington, MS. No 1432.