....14. A clause like the last part of clause 18 making the award a condition precedent to any right of action or suit first came up for consideration in the case of Scott v. Avery...(1856) 25 LJ Ex 308 and since then such clauses are commonly called Scott v. Avery clauses. Generally it has been found that if the arbitration clause is couched in a.... A clause like Scott v. Avery has repeatedly been held to be a valid one.“Even a clause of this type, however, is not absolute in effect: where the...

...plaintiff has no cause of action until the award is made.8. Scott v. Avery (5 H.L.C 811) is the leading case on the subject, where it was held that the parties may validly agree that no action...arbitration clause in the present case come? In my opinion, it comes within the second of those two clauses, as in Scott v. Avery, and the right to bring an action depends upon the result of the...what the arbitrators award. If this construction be the true one it brings the case within the principle of Scott v. Avery, which decided that while by the common law parties could not contract validly...

...13 and 18 and then referred to the decision in Scott v. Avery (1856) 25 LJ Ex 308, 10 ER 1121 naming the clause to be Scott v. Avery clause and quoted...further that the Scott v. Avery clause cease to have effect too. (Vide pp. 57, 58 of Russell on Arbitration, 18th Edn.)’”In the said case, reliance was placed on...and justified the applicability of Scott v. Avery (1856) 25 LJ Ex 308, 10 ER 1121 as a bar to the maintainability of action without an award...

...by Arbitration under the Indian Arbitration Act”.3. Counsel for the appellant states that this amounts to the contract being subject to the Scott v. Avery clause and relies upon the...is of the Scott v. Avery clause and whether the defendant can only move for stay of the suit or can stifle it altogether. The condition for arbitration in the contract upon which Mathew, J. pronounced...question is to find out when an arbitration clause becomes a Scott v. Avery clause and when not. Of course, if the terms of the contract expressly make an award a condition precedent to an action in...

...of judicial determination in very many cases. The leading case on the subject is Scott v. Avery, (1856) 5 HLC 811 where the validity of such a clause was upheld. Such provision in the...question that arises for consideration is whether a clause making an award of the arbitrator as condition precedent commonly known as Scott v. Avery clause, can be said to be an absolute bar to the...question, it may be appropriate to refer to section 36 of the Indian Arbitration Act which gives discretion to the court in suitable cases to order that the Scott v. Avery...

...concluded as follows:“22. The two lines of cases clearly bear out the two distinct situations in law. A clause like the one in Scott v. Avery...outset which cannot be referred to arbitration as being not covered by the clause, then Scott v. Avery (1856) 5 HLC 811, 10 ER 1121 clause is rendered inoperative and...

...the dispute so referred.”7. The leading case in England in this respect is that of Scott v. Avery, (1843-60) All ER 1 : ((1856) 10 ER 1121). In this case...jurisdiction of the Court and a provision in an arbitration agreement, known as a Scott v. Avery, (1843-60) All ER 1 : (1856) 10 ER 1121 clause whereby the making of the award...).8. Even in our country the principles laid down in Scott v. Avery have been followed. The first case of this kind is the Coringa Oil Co., Ltd. v. Koegler, (1876) ILR...

...situations in law. A clause like the one in Scott v. Avery bars any action or suit if commenced for determination of a dispute covered by the arbitration clause. But if on the other hand a dispute...cropped up at the very outset which cannot be referred to arbitration as being not covered by the clause, then the Scott v. Avery clause is rendered inoperative and cannot be pleaded as a bar to the...maintainability of the legal action or suit for determination of the dispute which was outside the arbitration clause.”9. We notice that the arbitration clause in Scott v. Avery is couched...

...arbitration.”22. Referring to the well-known decision of Scott v. Avery (1843-60) All ER Rep 1, (1856) 25 LJ Ex.... A clause like the one in Scott v. Avery (1843-60) All ER Rep 1, (1856) 25 LJ Ex 308 bars any action or suit if commenced for determination of a...Scott v. Avery (1843-60) All ER Rep 1, (1856) 25 LJ Ex 308 clause is rendered inoperative and cannot be pleaded as a bar to the maintainability of the legal...

...Scott v. Avery (1856) 5 H.L.C 811. In that case Lord Cambell observed: “Now in this contract of insurance it is stipulated in the most express terms, that until the arbitrators have...arbitrators have determined.” Such a clause commonly called Scott v. Avery clause was considered in Heyman v. Darwins, (1942) AC 356, and Lord Wright observed, “The contract, either instead of...is, unless the party seeking to set it up has somehow disentitled himself to do so.” The legality of a Scott v. Avery clause has been upheld in Aghore Nath Banerjee v. Calcutta...

...was entered into by misrepresentation.9. Learned Advocate for the appellant contended that in view of the condition No. 8 of the policy which is generally known as Scott v. Avery...clause as a bar to an action to enforce the claim. The case of Scott v. Avery, (1856) 5 HLC 811 was distinguished on the ground that there one of the conditions of the policy was that...the ascertainment of damages or loss between them. It was also pointed out that in order to invoke the rule in Scott v. Avery the following conditions must be present—(a) The...

...the Court would be necessarily excluded. 4. Then the 1st exception in the 28th section applies only to a class of contracts where as in the cases of Scott v. Avery 5 H.L.C 811 and...

...arbitrator or the court, as the case may be.10.2 At pp. 504, 853-855, Hudson has dealt with Scott v. Avery type of arbitration clause, according to which the certificate of...

...plaintiff. I may as well refer to two English authorities, — ‘Scott v. Avery,’ (1855) 5 HLC 811 (K) and — Czarnikowr v. Roth Schmidt and Co.’, (1922) 2 KB 478 (L) in...

...constituted tribunal shall be a condition precedent of any legal proceedings. In Scott v. Avery, (1856) 5 HL 811=25 LJ Ex 303=4 WR 746=2 Jur (n s) 815...Justice states the question to be- whether the true construction of para. 1 printed in the sweep ticket here is that it is such, a provision as to fall within the principle of Scott v.... Avery, (1856) 5 HL 811=25 LJ Ex 303=4 WR 746=2 Jur (n s) 815, so that the decision of the stewards is a condition precedent of any action, which would...

...forum there is a prima facie duty upon the Court to respect the agreement: Scott v. Avery . 5 H.L.C 811., Scott v. Mercantile Accident and Guarantee Insurance Co...

..., between a Scott v. Avery (1856-5 H.L.C 811) clause in an arbitration agreement and another falling outside that category. The counsel argues that in the present case bye-law 38(A) comes...within the Scott v. Avery (1856-5 H.L.C 811) group.17. The counsel of the respondents has even doubted the correctness of the decision of Mathew, J. in its application...to make any payment under the policy. It was in interpreting this clause that Mathew J. held that this was a Scott v. Avery (1856-5 H.L.C 811) clause; and that without complying with...

...Scott v. Avery 2 Jur. N.S. 815 : S.C. 5 H.L.C. 811 and so also in the subsequent case of Tredwen v. Holman 8 Jur. N.S. 1080 : S.C. 1 H. & C. 72. The excluding words there were...: "No action at law shall be brought until the arbitrators have given their decision." The Court of Exchequer held that Scott v. Avery 2 Jur. N.S. 815 : S.C. 5 II. L.C. 811 governed the case, and decided...that exclusion of the kind was not void at law. I imagine that the intention of the Legislature in enacting Exception 1 to Section 28 was to make contracts similar in character to those in Scott v...

...initio under this clause. In. Support of the said condition, mr. De has referred me to the well known case (4) scott v. Avery, (1856) 5 hlc 811, where the action was brought by the insured under three...(5) calendonian insurance company v. Andrew golmour, 1893 ac 85. The house of lords following scott v. Avery (supra) , came to the conclusion that the condition to ascertain the damage by arbitration.... National british and irish miller's insurance company limited, 1915 ac 499, where the facts in scott v. Avery (supra) , were distinguished from those in the appeal before the house of lords. It may be...

...instant case and thus the institution of the suit is void ab initio under this clause. In support of the said condition, Mr. De has referred me to the well kuown case Scott v. Avery, where the action...' case (supra) and dismissed the appeal. In my view the facts in Scott v. Avery (supra) and Caledonian Insurance Company v. Golmour (supra) are distinguishable from the facts in the...instant case. In Scott v. Avery (supra) it is true that a decision by the arbitrator was made a condition precedent to the institution of a suit. But there one of the conditions of the policy was that...