Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Contractual arbitration clause will not override statutory arbitration obligation: Supreme Court
Update / Judgement Date
31 Jul 2025
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Supreme Court has ruled that a "contractual arbitration clause will not override a statutory arbitration obligation." This judgment clarifies the hierarchy of legal provisions, stating that if a specific statute mandates a particular forum for arbitration, parties cannot bypass it by invoking a private contractual arbitration clause. The court's decision, which came in a case involving a statutory tribunal for works contracts, prevents "forum shopping" and ensures that disputes are addressed in the legally mandated forum.