VIGERS BROTHERS, LTD. v. MONTAGUE L. MEYER, LTD.

(1938) 62 Ll L Rep 35

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Arbitration - Award - Sole arbitrator - Validity of appointment - Whether matter with which arbitrator concerned himself was within submission-Sale of timber by defendants to plaintiffs c.i.f. London - Notice of claim given to defendants by plaintiffs upon unloading of timber-Offer of allowance by defendants-Offer refused by plaintiffs, with further intimation that "we must therefore give you [defendants] notice of arbitration and herewith appoint [C] to act on our behalf. We shall be pleased to hear whether you are prepared to accept this gentleman as sole arbitrator" - Plaintiffs informed by defendants that C was not acceptable as sole arbitrator - C subsequently instructed by plaintiffs to proceed with arbitration-Award that ownership of goods should revert to defendants and that they should refund to plaintiffs the amount paid for the timber and reimburse them in respect of all incidental expenses - Claim by plaintiffs to recover sum awarded-Whether C empowered to act - Further contention by defendants that C dealt with matters not within submission - Arbitration clause in contract providing that "In the event of either side failing to appoint their arbitrator within seven days after one party has appointed an arbitrator and requested the other to do so, the appointed arbitrator shall act as sole arbitrator in the dispute and his decision shall be final and binding upon both parties."