Documente Academic
Documente Profesional
Documente Cultură
CRN: 073MSTR252
MSc. In Transportation Engineering
Appellate Court may invalidate the decision of the arbitrator in the following
circumstances:
In case, the dispute settled by the arbitrator cannot be settled through arbitration
under the laws of Nepal.
In case, the decision taken by the arbitrator is likely to be proven detrimental to the
public interests or policies.
Challenge to the award
An award may be challenged on a petition filed before the Appellate Court within 35 days
from receipt of a copy by the petitioner. The grounds of challenge are as under:
(a) Incompetence of a party to sign the agreement or invalidity of the agreement.
(b) Notice of arbitration proceedings not given to the petitioner.
(c) Decision has been rendered:
(i) on a matter not referred to the arbitrator
(ii) in a manner contrary to the prescribed conditions
(iii) by acting beyond the arbitrator’s jurisdiction
(d) Procedure of designation of arbitrators or their functions and actions do not conform
to the agreement or the Act.
(e) The matter is not arbitrable under the law of Nepal.
(f) The award is likely to prove detrimental to the “public interests or policies” (section 30).