Victorian Consolidated Legislation

Instruments Act 1958 - SECT 28

Arbitration

28. Arbitration





(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 1984 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-

   (a)  the provisions of section 53 of the Commercial Arbitration Act 1984
        shall not apply thereto; and



   (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.