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Title
ARBITRABILITY OF CLAIM ARISING OUT OF "UNDERSTANDING" RESPECTING INSURANCE INVOLVED IN DISPUTE IS AN ISSUE TO BE DETERMINED BY COURT AND NOT BY THE ARBITRATOR.
Abstract
This article focuses on the court ruling given in Lipsky v. Fashion Art Corp. case. Arbitrability of claim arising out of "understanding" respecting insurance involved in dispute is an issue to be determined by court and not by the arbitrator. The lower court's denial of a motion to stay arbitration was therefore reversed.