Rationale & Relevance
The court arrived at its decision based on the principle of the finality of arbitral awards. The Judge was of the view that courts should not render decisions based on the merits of an arbitral award. The judge also adopted a narrow/strict interpretation of the public policy exception for setting aside an arbitral award.
Section 35 of the Arbitration Act sets out the grounds upon which a party can apply to the court to set aside an arbitral award. For any ground to be satisfied a party will be put to strict proof to show the ground exists.
Courts tend to adopt a narrow interpretation of the public policy exception as was seen in the Christ of All Nations and Mall Developers Ltd cases.
Courts respect the finality of arbitral awards and do not render decisions based on the merits of an arbitral award
7- HCCOMMISC E007 2021 MANARA LIMITED AND MANARA LIMITED VS BRITANIA FOODS LIMITED- RULING