Legal Question in Administrative Law in India

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 to arbitration. but the "conditions of engagement and scale of charges" 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 and the customer wants to go for arbitration but not the architect.

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 plz let me know

i am preparing the case from the side of the architect


Asked on 7/05/13, 12:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

05.07.2013

Dear Sir / Madam,

Since you have not specified detail of the "other party" I presume it is with a Builder / Developer. Going further, the clause clearly specifies that any difference of opinion or dispute on facts shall be referred to the process of arbitration by both the parties, requiring the matter to be referred to and heard by the appointment of the arbitrator (who is required to be a licensed Architect from the Indian Council of Architecture).

Customer in your query refers to the purchaser of apartment / flat / office / shop / tenement (if Government allotted land) in the proposed construction of the plot of land by the Architect and the Builder.

Regards,

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Answered on 7/05/13, 4:57 am


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