Grounds for Refusing Enforcement
140. Subject to Sections 128 and 133, a Party that was not a participating Party in an
arbitration must not bring an application under Section 124 or 129 to set the award aside
but may resist enforcement of the award against it by bringing an application under
Section 141.
141. On the application of a Party that was not a participating Party in an arbitration, the
Supreme Court may make an order refusing to enforce against that Party an Arbitral
Award made under this Appendix if that Party establishes that:
a) it was not given copies of:
i.
the notice of arbitration or agreement to arbitrate, or
ii.
the pleadings or all amendments and supplements to the pleadings;
b) the Arbitral Tribunal refused to add the Party as a participating Party to the
arbitration under paragraph 32 of the Chapter;
c) the Arbitral Award
i.
deals with a Disagreement not contemplated by or not falling within the
terms of the submission to arbitration, or
ii.
contains decisions on matters beyond the scope of the submission to
arbitration
provided that, if the decisions on matters submitted to arbitration can be separated
from those not so submitted, that part of the Arbitral Award which contains
decisions on matters submitted to arbitration may be recognized and enforced;
d) the Arbitral Award has not yet become binding on the Parties or has been set
aside or suspended by a court;
e) the Arbitral Tribunal or a Member of it has committed a corrupt or fraudulent act;
or
f) the award was obtained by fraud.
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