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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; 46 47 Fees and expenses of for setting side arbitral (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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