Eagle v N.I.M.U. Insurance Company - [1967] NZLR 698

Arbitration — Stay of proceedings — Agreement to refer dispute to arbitration — Allegation of fraud by one party — Other party issuing civil proceedings — Party alleging fraud applying for stay of proceedings on grounds that matter in dispute subject to arbitration — Whether party accused of fraud has right to have matter tried in Court — Whether appropriate to have only question of fraud or the whole dispute tried in Court — Form of order — History of statutory provisions — Arbitration Act 1908, s. 5 — Arbitration Amendment Act 1938, ss. 5, 16.