Final bill accepted without protest bars arbitration for the disputed claim item, while the remaining award stands.

Acceptance of the final bill without protest meant no arbitrable dispute survived in relation to claim item No. 2 under the contractual arbitration clause, so the award was set aside to that limited extent. The Court did not extend that objection to the remaining claims because no specific challenge had been raised below in relation to those items, and the rest of the award was affirmed.

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Issues: Whether acceptance of the final bill without protest barred arbitration of claim item No. 2 and whether the award could be interfered with only to that limited extent.

Analysis: The dispute must exist before an arbitrator can be appointed under the contractual arbitration clause. As the contractor had accepted the final bill without protest, the Court held that claim item No. 2 could not be treated as an arbitrable dispute. At the same time, the Court declined to extend that objection to the remaining claims because no specific challenge on that basis had been taken below in relation to those items.

Conclusion: The award was set aside only in respect of claim item No. 2, while the rest of the award was affirmed.

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