Section 75Part 10 — POWER OF COURT IN RELATION TO AWARD
Court may set aside award
←→ Navigate · Click subsection badges to collapse · Press ? for help
75. (1) An award may be set aside by the court —
if the party who applies to the court to set aside the award proves to the satisfaction of the court that —
a party to the arbitration agreement was under an incapacity or placed under duress to enter into an arbitration agreement; Arbitration Law, 2012 Section 76 c Law 3 of 2012 Page 41 parties have subjected it, or failing any indication thereof, under the laws of the Islands; appointment of an arbitrator or of the arbitration proceedings or was otherwise unable to present his case; within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration;
the arbitration agreement is not valid under the law to which the
the party making the application was not given proper notice of the
the award deals with a dispute not contemplated by or not falling
the composition of the arbitral tribunal or the arbitral procedure is not in accordance with the agreement of the parties, unless such agreement is contrary to any provisions of this Law from which the parties cannot derogate, or, in the absence of such agreement, is contrary to the provisions of this Law; corruption or misconduct on the part of an arbitrator; or the making of the award by which the rights of any party have been prejudiced; or
the making of the award was induced or affected by fraud,
a breach of the rules of natural justice occurred in connection with
if the court finds that —
the subject-matter of the dispute is not capable of settlement by arbitration under this Law; or
the award is contrary to public policy.
An application to set aside an award may not be made after the expiry of thirty days from the date on which the party making the application had received the award, or if a request has been made under section 69, from the date on which that request had been disposed of by the arbitral tribunal.
When a party applies to the court to set aside an award under this section, the court may, where appropriate and so requested by a party, suspend the proceedings for setting aside an award, for such period of time as it may determine, to allow the arbitral tribunal to resume the arbitration proceedings or take such other action as may eliminate the grounds for setting aside an award.
Referenced By
- Section 53 — Grounds for refusing recognition or enforcement
grounds for refusal specified in section 75(1)(a)(i)-(vii)