Separate delivery contracts preserve arbitration rights for later breaches despite an earlier award under the same agreement.

A contract that treated each month's delivery as a distinct and separate contract allowed arbitration of later defaults even after an earlier award on a prior claim. The arbitration clause was read as extending to each dispute arising as it occurred under the contract, so the first reference did not exhaust the contractual right to arbitrate subsequent breaches. A second or later arbitral proceeding was therefore competent, and the objection based on prior adjudication failed.

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Issues: Whether, under a contract providing that each month's delivery would be treated as a distinct and separate contract and that any dispute arising out of the contract would be referred to arbitration, a prior award on one claim exhausted the right to initiate further arbitral proceedings in respect of subsequent breaches.

Analysis: The arbitration clause was construed as applying to each dispute as it arose out of the contract. Since each month's delivery constituted a separate and distinct contract, an award on the first reference did not conclude or exhaust the contractual right to arbitrate disputes arising from later defaults. A second or subsequent arbitration was therefore competent notwithstanding the earlier award.

Conclusion: The objection to the later arbitration proceedings failed. The right to arbitrate was not exhausted by the first award, and the appeal was without substance.

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