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

The High Court will set aside an arbitral award if satisfied that:
• A party to the arbitration agreement was under some incapacity.
• The arbitration agreement is not valid under the law to which the parties have subjected it
• The applicant was not given proper notice of the appointment of the arbitrator or the proceedings or was unable to present his case.
• The arbitral award deals with a dispute not contemplated by the parties.
• The composition of the arbitral tribunal or the procedure was not in accordance with the agreement of the parties.
• The subject matter of the dispute is not capable of settlement by arbitration under the law.
• The award is in conflict with the public policy of Kenya.



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