JUDGMENT OF OMOLO, J. A.

I had the advantage of reading in draft form the judgment of Pall, J. A. and Bosire, Ag. J. A. I am in entire agreement with them. Mr. Inamdar for the appellant, strenuously pressed upon us that this Court’s recent decision in CORPORATE INSURANCE COMPANY v. LOISE WANJIKU WACHIRA, civil Appeal NO. 151 OF 1995. (Unreported ), was erroneous and that the court ought to depart from it. That decision was a reserved and well considered verdict of this Court. It considered Section 6 of the then Arbitration Act in relation to what are commonly known as SCOTT v. AVERY arbitration clauses. The Court concluded in the CORPORATE INSURANCE COMPANY case, supra, that such clauses though framed in wide and mandatory terms, are nevertheless subject to the provisions of Section 6. That is undoubtedly correct and I personally find it strange that Mr. Inamdar should contend to the contrary. As Bosire, Ag. J. A. correctly points out in his judgment, in England SCOTT v. AVERY clauses …