Arbitration clause survives a partner's death when the claim arose in lifetime and legal representatives may enforce it.

An arbitration agreement survives the death of a party and remains enforceable by the legal representative where the underlying right to sue survives. Reading the partnership deed and the provisions on dissolution and settlement of accounts together, the Court held that a deceased partner's representative may seek winding up and settlement of the firm's affairs according to the partner's rights. Because the dispute over partnership accounts had arisen during the deceased partner's lifetime, the legal representative could invoke the arbitration clause and seek appointment of an arbitrator. The absence of express reference to heirs or legatees, and the non-probate of the will, did not defeat that right.

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Issues: Whether the legal representative of a deceased partner can invoke the arbitration clause in the partnership deed for a dispute relating to partnership accounts that arose during the deceased partner's lifetime.

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 settlement of partnership accounts were read together to hold that a partner's representative is entitled to have the firm's affairs wound up and the accounts settled according to the partner's rights. Since the dispute concerning the accounts had arisen during the deceased partner's lifetime, the legal representative could continue and enforce the claim through arbitration. The absence of express words including heirs or legatees in the arbitration clause and the non-probate of the will were held not to defeat the right to invoke arbitration.

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

Final Conclusion: The order refusing appointment of an arbitrator was set aside and the appeal was allowed.

Ratio Decidendi: An arbitration agreement survives the death of a party and may be enforced by the legal representative where the underlying right to sue survives and the dispute arose during the deceased party's lifetime.

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