Circumstances under which the high court might set aside an arbitral award

Circumstances under which the high court might set aside an arbitral award

  • One of the parties to the arbitration agreement had no capacity to enter into it.
  • The arbitration agreement was invalid in law.
  • The party was not offered sufficient notice for the appointment of an arbitral tribunal.
  • The arbitral tribunal was not constituted in accordance with the terms of the agreement.
  • The award relates to a dispute not contemplated by the agreement.
  • The award is contrary to public policy of Kenya.
  • The dispute is incapable of resolution by arbitration.



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