Outline five reasons that would make a court to set aside an arbitral award. (10 marks)November 2022

An arbitral award is a decision made by an arbitrator or a panel of arbitrators in a dispute that has been submitted to arbitration. In some cases, a court may set aside an arbitral award, which means that the award is no longer valid and binding on the parties. Reasons that may make a court set aside an arbitral award include:

1. Lack of jurisdiction: If the arbitrator or the arbitral tribunal did not have the authority or jurisdiction to hear the dispute, the court may set aside the award.
2. Improper composition of the tribunal: If the arbitral tribunal was not properly composed in accordance with the agreement of the parties or the applicable law, the court may set aside the award.
3. Violation of due process: If the arbitrator or the tribunal violated the principles of natural justice, such as failing to provide a fair hearing or failing to disclose a potential conflict of interest, the court may set aside the award.
4. Errors of law or fact: If the award is based on errors of law or fact that are apparent on the face of the award, the court may set aside the award.
5. Public policy: If the award is against the public policy of the country where the award was made, the court may set aside the award.
6. Unenforceable terms: If the award contains terms that are unenforceable under the law, the court may set aside the award.
7. Fraud or corruption: If the award is obtained through fraud or corruption, the court may set aside the award.
8. Time limit: If the party who is seeking to set aside the award does not do so within a certain time frame as provided by law, the court may not set aside the award.