409. Existence and composition of disputes.

The statutory right to refer disputes to adjudication is a right to refer a dispute arising under the contract1. A dispute must therefore already be in existence before a valid referral can be made2. It is a question of fact in each case as to what is in dispute at any particular moment3. The dispute which may be referred to adjudication is all or part of whatever is in dispute at the moment that the referring party first intimates an adjudication reference