Article 34. Application for setting aside as exclusive recourse against arbitral award
| (1) |
Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with paragraphs (2) and (3) of this article. |
| (2) |
An arbitral award may be set aside by the court specified in article 6 only if: |
| (a) |
the party making the application furnishes proof that: |
| (i) |
a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the Republic; or |
| (ii) |
the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his or her case; or |
| (iii) |
the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or |
| (iv) |
the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or |
| (b) |
the court finds that: |
| (i) |
the subject-matter of the dispute is not capable of settlement by arbitration under the law of the Republic; or |
| (ii) |
the award is in conflict with the public policy of the Republic. |
| (3) |
An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under article 33, from the date on which that request had been disposed of by the arbitral tribunal, unless the party making the application can prove that he or she did not know and could not, within that period, by exercising reasonable care, have acquired knowledge by virtue of which an award is liable to be set aside under paragraph (5)(b) of this article, in which event the period shall commence on the date when such knowledge could have been acquired by exercising reasonable care. |
| (4) |
The court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside. |
| (5) |
For the purposes of avoiding any doubt, and without limiting the generality of paragraph (2)(b)(ii) of this article, it is declared that an award is in conflict with the public policy of the Republic if— |
| (a) |
a breach of the arbitral tribunal’s duty to act fairly occurred in connection with the making of the award which has caused or will cause substantial injustice to the applicant; or |
| (b) |
the making of the award was induced or affected by fraud or corruption. |
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