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 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 arbitration under the law.

The award is in conflict with the public policy of Kenya.



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