legal proceeding. [67 D-E, G-68 B,G-H].
Scott v Avery (185) 25 L.J. Ex. 308. 5H.L.C. 811;
Jureidini v ... v. Andrew Gilmour(4). That was again a case of a
comprehensive arbitration clause and thus justifying the
application of the Scott v. Avery clause
cause of action, until the award is made.
6. Scott v. Avery, (1856) 5 HLC 811 is the leading case on the subject, where ... effect as regards that difference".
So the effect of the Scott v. Avery clause can be nullified by applying to the Court for setting
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 ... Even in our country the principles laid down in Scott v. Avery have been followed. The first case of this kind is the Coringa
distinct situations in law. A clause like the one in Scott v. Avery (1856) 5 HLC 811, bars any action or suit if commenced ... arbitration as being not covered by the clause, then the Scott v. Avery clause is rendered inoperative and cannot be pleaded
precedent to any right of action as it was made in Scott v. Avery, (1856) 5 HLC 811. In that case Lord Cambell observed ... Aghore Nauth Baner-jee v. Calcutta Tramways , (18851 ILR 11 Cal 232. In the present case, besides the Scott v. Avery clause, clause (9) also
suit first came up for
consideration in the case of Scott v. Avery ... since then such clauses are commonly
called Scott v. Avery clauses. Generally it has been found that if the
arbitration clause is couched
distinct situations in law. A clause like the
one in Scott v. Avery [Scott v. Avery, (1856) 5 HLC
811 : 10 ER 1121] bars ... referred to arbitration as being not
covered by the clause, then
Scott v. Avery [Scott v. Avery, (1856) 5 HLC 811 :
10 ER 1121] clause
very many cases. The leading case on the subject is Scott v. Avery (1856) 5 HLC 811, where the validity of such a clause ... Such provision in the agreement is often termed as a 'Scott v. Avery clause'. Referring to such a clause, in Heyman v. Darwins
Clauses 13 and 18 and then referred
to the decision in Scott v. Avery 13 naming the clause to be
Scott v. Avery clause ... particular dispute, it has a discretion to order
further that the Scott v. Avery clause cease to have
effect too. (Vide
Supreme Court, for the first time in considering the case of Scott v. Avery, (1856) 25 LJ Ex 308 : 5 HLC 811, and since then ... Supreme Court noted, such clauses were commonly called Scott v. Avery clauses. Construing the present clause in the instant case, the learned Judge had observed
