Originally published in TEDR Volume 15 Issue 2 (publication date not recorded).
The parties had entered into a contract relating to the proposed development of a multi -storey car park. The terms of that contract are of little relevance here, save to say that the contract contained several provisions for resolution of disputes, some of which involved an Independent Expert whilst others provided for an Independent Surveyor and for Arbitration. The Arbitration Clause expressly excluded the provisions of s3(1) of the Administration of Justice (Scotland) Act 1972.
The parties appointed Gordon Murray, architect, as an Independent Expert acting under the contract. He was appointed to determine whether or not a suspensive condition in the contract had been purified.
The dispute was as to whether the agreement under which Mr. Murray was acting as an Independent Expert was an “agreement to refer to Arbitration” within the meaning of s3(1) of the Administration of Justice (Scotland) Act 1972 with the consequence that Mr Murray could be required to state a case for the opinion of the Court.
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