Arbitration clause survives a partner's death, allowing the legal representative to seek accounts and appointment of an arbitrator.

A deceased partner's legal representative could invoke the arbitration clause in the partnership deed for disputes over rendition of accounts and appointment of an arbitrator because the arbitration agreement was not discharged by death where the right to sue survived. The Court read the provisions on dissolution and winding up together and held that the representative was entitled to have the firm's accounts settled and the surplus determined according to the partner's share. The accounts dispute was treated as one touching the affairs of the partnership firm, and the absence of express words covering heirs, representatives or assigns did not prevent enforcement of the clause. Pending probate proceedings were held irrelevant at the stage of appointing an arbitrator.

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Issues: Whether the legal representative of a deceased partner, claiming as heir and legatee, could invoke the arbitration clause in the partnership deed for disputes relating to rendition of accounts and appointment of an arbitrator.

Analysis: The arbitration agreement was held not to be discharged by the death of a party, and it remained enforceable by or against the legal representative where the right to sue survived. The provisions governing dissolution and winding up of a firm were read together to hold that a partner's representative is entitled to have the firm's accounts settled and the surplus determined according to the partner's share. The dispute concerning accounts was treated as a dispute touching the affairs of the partnership firm, and the absence of an express clause mentioning heirs, representatives or assigns did not defeat enforcement of the arbitration clause. The pendency of probate proceedings was also held irrelevant at the stage of appointment of an arbitrator.

Conclusion: The legal representative was entitled to invoke the arbitration clause and seek appointment of an arbitrator.

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