Photo of Shrrijiet Roychowdhary

Shrrijiet Roychowdhary

Associate in Disputes Practice at the Ahmedabad office of Cyril Amarchand Mangaldas. Shrrijiet can be reached at shrrijiet.roychowdhary@cyrilshroff.com

Gujarat High Court Upholds Supremacy Of Gujarat Public Works Tribunal Arbitration Act, 1992 Over Arbitration Act, 1996

Summary: What happens when a contract says “arbitration”, but the law says “tribunal”? The Gujarat High Court, on an issue of disputes arising from public works, gave precedence to the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (“Gujarat Public Works Tribunal Act”)over the Arbitration and Conciliation Act, 1996 (“1996 Act”). This decision concerning the infrastructure sector, specifically public works contractors, clarifies that irrespective of a contractual obligation clause, state legislation shall prevail over the provisions of the contract, hence making dispute planning, and risk assessment critical for contractors as well as government bodies.

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