G1 Venues Ltd, Re Order Under Schedule 1 To The Arbitration (Scotland) Act 2010

For orders under Schedule 1 to the Arbitration (Scotland) Act 2010 to set aside a decision of an arbiter dated 10 May 2013

[2] In about April 2011 a draft regulation was prepared relating to the use of what was termed the "front common property". The petitioners operate a licensed bar on the ground floor of the subjects, which includes an outdoor pavement caf� area. They resisted the proposed regulation on the basis that it would interfere with their use of the pavement. A meeting of proprietors took place to discuss and determine the proposed regulation. Following a vote, the regulation was passed.

[3] Condition fifteenth allows for an appeal to an arbiter (now termed "arbitrator" under the Arbitration (Scotland) Act 2010) by a proprietor, the arbiter then being entitled to sustain or vary or annul the regulation. An appeal "must be intimated to the arbiter not later than 60 days after the meeting at which such...regulation...is made, failing which the right of appeal shall be lost." The arbiter is to be the Dean of the Royal Faculty of Procurators in Glasgow, whom failing, such arbiter as shall be appointed by the sheriff.

[4] The resolution was passed at a meeting held on 26 April 2011. Within the 60 day period, by letter dated 22 June 2011 agents for the petitioners forwarded a letter to the Dean of the Royal Faculty of Procurators. It was headed - "G1 Group plc 21-29 Royal Exchange Square and 74 Buchanan Street, Glasgow". The letter began as follows:

In fact G1 Group plc (who are the petitioner's parent company) are not proprietors of any of the subjects covered by the deed of conditions. The petitioners are the owners of the relevant portions of 21/29 Royal Exchange Square. The letter was intimated to, amongst others, the respondents and their agents. In their answers in the arbitration the respondents averred that: