404. Effect of arbitration clause on certification.

Where a building contract contains a clause by which the determination or certificate of the architect is made final and conclusive between the parties, or is made a condition precedent to any right of the contractor to payment1, and the contract also contains a clause by which all disputes are to be referred to arbitration, a question arises as to how far the arbitration clause affects the certificate clause2.

Where the arbitration clause excludes certain matters in express terms and leaves them to the sole discretion of the architect, no arbitration can arise in respect of these matters except by