( 1 ) THIS petition under Section 34 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act ) challenges by way of these objections the Award dated 31st December, 2003, passed by the Sole arbitrator. The arbitrator in question is the maternal grandfather of the petitioner and the respondent, who are sisters and had lost their parents and another sister in an unfortunate accident.

( 2 ) THE award is challenged by the petitioner on the following grounds:-

A. That the writing dated 21st June, 2003 does not constitute an arbitration agreement. (i) that the said writing only contemplates avoidance of any future dispute and does not refer to any existing dispute nor it refers to arbitration.

(II) that in view of the judgment of the Hon ble supreme Court in (1998) 3 SCC 573 and (2004) 1 SCC 372 @ 17 an agreement for avoidance of a dispute is not an arbitration agreement.

B. That the main objection of the petitioner is that even if the writing dated 21st June, 2003 constitutes an arbitration agreement even then the purported award travels beyond the scope of the said agreement. (i) that the document dated 21st June, 2003 contemplated division of