arbitration or adjudication ?
Please help me with this case
The facts of the case are-
There is an agreement between an architect and other party. The agreement doesn’t provide for referring the dispute between the parties for arbitration. But the “conditions of engagement and scale of charges” for architects as laid down by council of architects as per the Architects Act, 1972” provides “All disputes or differences which may arise between the Client and the Architect under “Conditions of Engagement and Scale of Charges” with regard to the meaning or interpretation or matter or things done or to be done in pursuance hereof, such disputes and differences shall be referred for arbitration to the Council of Architecture”
Now a dispute has arisen.
According to the arbitration act, for referring any matter for arbitration, an arbitration agreement is required. There is no arbitration agreement here. But the Code provides for referring the dispute for arbitration.
So, the main question is whether the case should be referred for arbitration or adjudication ? which act will prevail- arbitration or adjudication ?
Can u help me by giving some citations on the same line of facts.
There are acts governing other profession also, if in other profession this type of questions has been answered, then please let me know.
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