https://www.taxtmi.com/caselaws?id=468247 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. en-us Wed, 21 Mar 2007 00:00:00 +0530 Fri, 24 Apr 2026 10:40:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468247 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. Case-Laws Indian Laws Wed, 21 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468247