Section 76Part 10 — POWER OF COURT IN RELATION TO AWARD
Appeal against award
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76. (1) A party to arbitration proceedings may, with the leave of the court, and upon notice to the other party and to the arbitral tribunal, appeal to the court on a question of law arising out of an award made in the proceedings. Section 76 Arbitration Law, 2012 Page 42 Law 3 of 2012 c
Notwithstanding subsection (1), the parties may agree to exclude the provisions of this section.
The right to appeal under this section shall be subject to the restrictions in section 78.
Leave to appeal shall be given only if the court is satisfied that —
the determination of the question will substantially affect the rights of one or more of the parties;
the question is one that the arbitral tribunal was asked to determine;
on the basis of the findings of fact in the award —
the decision of the arbitral tribunal on the question is obviously wrong; or the arbitral tribunal is at least open to serious doubt; and
the question is one of general public importance and the decision of
despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the court to determine the question.
An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.
The leave of the court shall be required for any appeal from a decision of the court under this section to grant or refuse leave to appeal.
On an appeal under this section, the court may by order —
confirm the award;
vary the award;
remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the court’s determination; or
set aside the award in whole or in part.
Where an award is remitted under subsection (7)(c), the arbitral tribunal shall, unless the order otherwise directs, make its award within three months after the date of the order.
The court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.
The decision of the court on an appeal under this section shall be treated as a judgment of the court for the purposes of an appeal to the Court of Appeal.
An application for leave to appeal against the decision of the court in subsection (10) shall be made to the Court of Appeal and the Court of Appeal may give leave to appeal only if the question of law before it is one of general Arbitration Law, 2012 Section 77 c Law 3 of 2012 Page 43 importance, or one that for some other special reason should be considered by the Court of Appeal.