JUDGMENT

A.M. Khanwilkar, J.

1. The conundrum in this appeal is whether clause 7 of the subject Insurance Policy dated 5th September, 2007 posits unequivocal expression of the intention of arbitration or is hedged with a conditionality? The learned Single Judge of the High Court of Judicature at Madras vide impugned judgment and order dated 30th November, 2017 in O.P. No.537/2017 had held that post amendment of the Arbitration and Conciliation Act, 1966 (for short, “the Act”), with effect from 23rd October, 2015 by insertion of sub-section 6A in Section 11 of the Act, the limited mandate of the Court is to examine the factum of existence of an arbitration agreement. No more and no less. The learned Single Judge placed reliance on the two-Judge Bench decision of this Court in Duro Felguera, S.A. Vs. Gangavaram Port Limited, (2017) 9 SCC 729 and another decision of its own High Court in Jumbo Bags Ltd. Vs. New India Assurance Co. Ltd., 2016 SCC OnLine Mad 9141 : (2016) 3 CTC 761 : (2016) 2 LW 769. The appellants, however, placed reliance on a three-Judge Bench decision of this Co