A party making an application to the High Court to set aside an arbitral award must furnish proof of certain matters. With reference to the above statement, describe the proof that the party must furnish.

The party making the application must furnish proof;

  • That a party to the arbitration agreement was under some incapacity.
  • The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings.
  • The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties.
  • The arbitration agreement is not valid under the law to which the parties have subjected it
  • The making of the award was induced or affected fraud, bribery, undue influence or corruption.
  • Error of law contrary to public policy
  • Error of fact
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