1. The arbitration clause between the parties provides that "If any difference arises as to the amount of any loss or damage, such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, ***** ***** And it is hereby expressly stipulated and declared that it shall be condition precedent to any right of action or suit upon the policy that the award by such arbitrator, arbitrators or the umpire, of the amount of the loss or damage if disputed, shall be first obtained". On this arbitration clause it is obvious that before recourse can be had to an ordinary civil Court in a claim arising under a policy of insurance, as in this case, award of the arbitrator in regard to the amount of loss or damage is a condition precedent.

2. Of the respondents, respondent No, 1 having suffered loss under a policy of insurance with the applicant on account of fire and destruction of insureds timber, it appointed an arbitrator, respondent No. 2, under the arbitration clause, to arbitrate on the loss or damage suffered by it. The applicant then applied under section 33 of the Arbitration Ac