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Unless the parties otherwise agree, such reference shall not take place until after the completion, alleged completion or abandonment of the Works or, the determination of the Contract.
The venue of Arbitration shall be such place or places as may be fixed by the Arbitrator in his sole discretion.
The award of the Arbitrator shall be final, conclusive and binding on both parties to the Contract."

12. It is customary to insert such Clauses in all building and engineering contracts both in this county as also in England, It is nobody's case that the aforesaid Clause is not operative and the contract has been broken up either by the conduct of the parties or by the refusal of persons who would be the likely arbitrators to arbitrate.

cannot be so enforced. The present contracts are building or engineering contracts. It would require technical knowledge and long experience in the line for executing the works covered by the contracts. It is thus a contract which is dependent on the personal qualifications and volition of the parties and is also of such a nature that the Court cannot enforce specific performance of its material terms. For that reason also the present agreement cannot be specifically enforced. In the case of Dewan Chand v. Union of India, AIR 1951 Punj 426 Kapur, J., observed as follows:
"The courts will not grant specific performance of an ordinary building or engineering contract, although in the case of a building agreement where the consideration is the grant of a lease, the Court will order the grant to be made after (he building has been done. A contractor, however, may in certain circumstances obtain an injunction to prevent the employer from expelling him from the works pending arbitration under the contract. An exception to the rule against the granting of specific performance exists in cases where a person has agreed to carry out accommodation works in consideration for obtaining possession of land or as part of the purchase price of other land sold by him and the proposed works are sufficiently defined and the Court is of the opinion that damages will not provide an adequate remedy for the breach of contract."
Specific performance will not be granted if the party seeking it has by conduct disentitled himself to relief in equity, or where it would be harsh or unreasonable to grant, it."

Again on page 171 it has been stated as follows:

"The Courts will not grant specific performance of an ordinary Building or Engineering contract, although in the case of a building agreement, where the consideration is the grant of a lease, such relief can be given.
The Court has jurisdiction to grant specific performance of a Contract to erect a building if (1) the work to be done is defined, (2) Plaintiff has a substantial interest in its execution which cannot be adequately compensated for by damages, and (3) Defendant has by the Contract obtained from Plaintiff possession of the land upon which the work is to be done.