Decision On Limitation Made On Demurrer Not Final; Party Autonomy In Arbitration Cannot Override Statute: Supreme Court

The Supreme Court clarified two inter-linked principles: first, when a court decides a limitation plea under a demurrer (law point) the matter may not necessarily attain finality for all purposes and may remain open to further adjudication depending on procedural posture; second, party autonomy in arbitration—while central to arbitration law—cannot be permitted to override statutory mandates like limitation periods and other non-waivable public policy norms. The Court analysed the interplay between jurisdictional objections, demurrers, and the arbitrability of disputes, holding that arbitration clauses and party agreements cannot be read to displace mandatory statutory safeguards. It reinforced that procedural rulings on limitation and competence can have nuanced consequences and that courts must balance autonomy of commercial parties with statutory imperatives and public policy. The decision refines the law on competence-competence, demurrers and the scope of finality in interlocutory rulings.