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This was a petition under the Arbitration (Scotland) Act 1894 by Archibald M'Millan & Son, Limited, shipbuilders, Dumbarton, praying the Court to name a single arbiter to act under a clause of reference contained in a contract between the petitioners and David Rowan & Company, engineers, 231 Elliot Street, Glasgow.
Section 3 of the Act contains similar provisions with regard to an “agreement to refer to two arbiters.”
In March 1898 a contract was entered into between the petitioners and Rowan & Company whereby the latter firm contracted to construct for the petitioners the engines, boilers, and machinery of certain steamers.
One of the articles of the contract provided, inter alia , as follows:—“In case any dispute shall arise between the parties hereto or their representatives concerning the meaning or construction of these presents, or any clause or agreement herein contained, or any other matter or thing whatever in any way relating to the said engines, boilers, and machinery, all such disputes shall be referred to arbitration.”
Certain questions having arisen between the petitioners and Rowan & Company in connection with the contract referred to, the petitioners sought to have those questions determined by arbitration, but Rowan & Company declined to name or join with the petitioners in naming an arbiter or arbiters.
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