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INSTRUMENTS ACT 1958 - SECT 28 Arbitration

INSTRUMENTS ACT 1958 - SECT 28

Arbitration

S. 28(1) amended by Nos 10167 s. 3(1), 50/2011 s. 46(Sch. item 10.2).

    (1)     Where any provision in any contract of insurance makes provision with respect to the settlement of disputes by arbitration that provision shall be deemed to be an arbitration agreement within the meaning of the Commercial Arbitration Act 2011 and the provisions of that Act shall notwithstanding anything in the contract apply accordingly.

    (2)     The arbitration of any claim upon a contract of insurance by an insured or by any person claiming through or under an insured shall not be a condition precedent to the institution of proceedings in any court of competent jurisdiction by the insured or any such person upon such contract, and where any such proceedings are so instituted—

S. 28(2)(a) amended by No. 57/1989 s. 3(Sch. item 102.5), repealed by No. 50/2011 s. 46(Sch. item 10.3).

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        (b)     no action shall lie against the insured or any such person as aforesaid for breach of any provision of the contract relating to the settlement of disputes by arbitration.

No. 4464 s. 5.