Plaintiff Tri-Cor, Inc., and the defendant, City of Hawthorne, had entered into a contract for the construction by the plaintiff of an airport administration building. The contract did not contain an arbitration clause. Construction was delayed and plaintiff sued for relief alleging the delay was due to the fault of the city. The city filed an answer and a cross-complaint, alleging that the delay was due to fault of the plaintiff and seeking damages from Tri-Cor, Inc. The attorneys for the plaintiff and the city attorney discussed the possibility of arbitration. Both attorneys agreed to arbitration but the city refused to agree to arbitration. The plaintiff sued to compel arbitration.

Must the City of Hawthorne arbitrate and why or why not?