402. When arbitration clause does not apply.

If the contract is itself assignable, the arbitration clause, being part of that contract, is also assignable1; but if a contractor assigns the right to receive all the money due or to become due under a contract, the contract otherwise remaining in force between himself and the employer, and the contract contains an arbitration clause, the arbitrator has no power to make an award of such money in favour of the contractor2.

Where the arbitration clause provided that the reference should not be opened until after the completion of the works and the contractor determined the contract before completion (as