In what circumstances may a party challenge an arbitral award in the High Court?

The High Court may set aside an arbitral award on application if it is satisfied that:
• One of the parties to agreement had no capacity to contract
• The arbitration agreement was not valid in law.
• The award is contrary to public policy in Kenya
• The arbitral tribunal was not appointed in accordance with the agreement.
• The dispute was not capable of resolution by arbitration
• The applicant was not afforded an opportunity to appoint the arbitrator.
• The arbitral award deals with a dispute not contemplated by the parties.



Share through

Leave a Reply

Your email address will not be published.