Case No. MISC/E465/2019
The ratio decidendi applied by the Judge is that the grounds for setting aside an arbitral award should be interpreted narrowly, with specific emphasis on the public policy ground. According to the Judge, Applicants must be put to strict proof in order to satisfy any of the grounds. In the absence of that, then the finality of an arbitral awards should be respected and courts should not interfere.
Section 35 of the Arbitration Act 1995 speaks to the finality of Arbitral Awards.
The decision(s) arrived upon by an Arbitral Tribunal are final and binding. Parties who forward a dispute to an arbitration ought to anticipate the final and binding nature of arbitral awards.
The public policy ground for setting aside an Arbitral Awards ought to be interpreted narrowly(strictly) according to the current jurisprudence.
