Law library · Sierra Leone · The Arbitration Act, 2022
Section 63, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) Challenging an arbitral award may be made only byan application for setting aside, upon notice to the other parties, in
accordance with subsections (2) and (3).
(2) An arbitral award may be set aside by the Court only
if -
(a) the party making the application furnishes
proof that -
(i) the party to the arbitration agreement
was under some incapacity;
(ii) the arbitration agreement is not valid
under the law to which the parties have
subjected it or under the laws of Sierra
Leone;
(iii) the party making the application was
not given proper notice of the
appointment of an arbitrator or of the
arbitral proceedings or was otherwise
unable to present its case;
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(4) Where the Court is satisfied that one or more of the
grounds set out in subsection (2) has been proved and that it has
caused or will cause substantial injustice to the applicant, the Court
may -
(a) remit the award to the tribunal, in whole or in
part, for reconsideration; or
(b) set the award aside in whole or in part.
(5) The Court, when asked to set aside an arbitral award,
may, where appropriate and so requested by a party, suspend the
setting aside proceedings for a period of time determined by it in
order to give the arbitral tribunal an opportunity to resume the arbitral
proceedings or to take such other action as in the arbitral tribunal's
opinion will eliminate the grounds for setting aside.
(6) Where an application is made to set aside an arbitral
award, the Court may order the party making the application to provide
appropriate security for the award pending the determination of the
application.
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