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

The Supreme Court has held that when an arbitral tribunal decides a preliminary issue such as limitation on the basis of demurrer, that decision cannot preclude the tribunal from revisiting the issue at a later stage if evidence warrants it. A bench comprising Justice JB Pardiwala and Justice KV Viswanathan affirmed the Bombay High Court's view that a decision on demurrer is provisional and...