https://www.taxtmi.com/caselaws?id=195421 A contractual clause stating that the Arbitration and Conciliation Act, 1996 would not apply could not exclude the statutory arbitration regime or defeat enforcement of an arbitral award. Parties may waive private rights, but they cannot contract out of a statute, particularly where the legislative scheme and public policy are engaged. An ouster clause must be strictly construed and cannot nullify the remedy expressly provided by law for enforcing an award as a decree. The clause was therefore invalid, and the objection to the maintainability of the execution petition was untenable. en-us Fri, 28 Nov 2008 00:00:00 +0530 Mon, 30 Oct 2017 16:02:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195421 A contractual clause stating that the Arbitration and Conciliation Act, 1996 would not apply could not exclude the statutory arbitration regime or defeat enforcement of an arbitral award. Parties may waive private rights, but they cannot contract out of a statute, particularly where the legislative scheme and public policy are engaged. An ouster clause must be strictly construed and cannot nullify the remedy expressly provided by law for enforcing an award as a decree. The clause was therefore invalid, and the objection to the maintainability of the execution petition was untenable. Case-Laws Indian Laws Fri, 28 Nov 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195421