In what circumstances may the High court set aside an arbitral award?

      

In what circumstances may the High court set aside an arbitral award?

  

Answers


Maurice
The High Court will set aside an arbitral award if satisfied that:
(i) A party to the arbitration agreement was under some incapacity.

(ii) The arbitration agreement is not valid under the law to which the parties have subjected
it.

(iii) The applicant was not given proper notice of the appointment of the arbitrator or the
proceedings or was unable to present his case.

(iv) The arbitral award deals with a dispute not contemplated by the parties.

(v) The composition of the arbitral tribunal or the procedure was not in accordance with the agreement of the parties.

(vi) The subject matter of the dispute is not capable of settlement by arbitration under the
law.

(vii) The award is in conflict with the public policy of Kenya.
maurice.mutuku answered the question on May 1, 2018 at 09:44


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