The Mayor, Aldermen, and Burgesses of Limerick v Cromption & Company, Ltd

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 13 January 1909
• Court: King's Bench Division (Ireland)
• Date: 13 January 1909

The Mayor, Aldermen, And Burgesses Of Limerick

and

Crompton & Co., Limited (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1909.

Practice — Staying proceedings — Action of contract — Agreement to refer matters in dispute to English Court.

Held, by the King's Bench Division, that, as the parties had agreed to refer all questions arising under the contract to an English tribunal, the action should be stayed.

Motion to stay the proceedings in the action. The action was brought by the Mayor, Aldermen, and Burgesses of the County Borough of Limerick against Crompton & Co., Limited, a firm of manufacturing engineers, carrying on business in England, and having their head office in London, to recover £1654 16s. 3d. as penalties for delay and for breach of a contract for the supply of certain electrical plant by the defendant Company to the plaintiffs, the amount claimed for penalties under the contract being £1113 2s., and the residue of the claim being for breach of contract in supplying an engine which was below the power specified in the contract.

The contract, which was in writing, was entered into in Ireland, the acceptance on the part of the plaintiffs being by a letter posted in Limerick on June 7th, 1907. The terms of the contract were subsequently embodied in articles of agreement which were executed in Limerick by the plaintiffs on a date

subsequent to their execution in London by the defendant Company. The works contracted for were to be executed in Limerick. The above-mentioned articles of agreement contained, inter alia, the following clauses:—

“Clause 47. If at any time any question, dispute, or difference shall arise between the purchasers or their engineer, and the contractor, upon or in relation to or in connexion with the contract, either party may forthwith give to the other notice in writing of the existence of such question, dispute, or difference, and such question, dispute, or difference shall be referred to the arbitration of a person to be mutually agreed upon; or, failing agreement, to some person appointed by the President for the time being of the Institution of Electrical Engineers. The award shall be final and binding on all parties. Upon every or any such reference, the costs of and incidental to the reference and award respectively shall be in the discretion of the arbitrator, who may determine the amount thereof, or direct the same to be taxed as between solicitor and client, or as between party and party, and shall direct by whom and to whom and in what manner the same shall be borne and paid. This submission shall be deemed to be a submission to arbitration, within the meaning of the Arbitration Act, 1889.

“Clause...