conflict with a provision of this Appendix from which the Parties cannot derogate,
or, failing any agreement, was not in accordance with this Appendix;
d) the Arbitral Tribunal or a Member of it has committed a corrupt or fraudulent act;
or
e) the award was obtained by fraud.
125. An application for setting aside may not be made more than three months:
a) after the date on which the Party making that application received the Arbitral
Award; or
b) if a request had been made under Section 118 or 121, after the date on which that
request was disposed of by the Arbitral Tribunal.
126. An application to set aside an award on the ground that the Arbitral Tribunal or a
Member of it has committed a corrupt or fraudulent act or that the award was obtained by
fraud must be commenced:
a) within the period referred to in Section 125; or
b) within 30 days after the Applicant discovers or ought to have discovered the fraud
or corrupt or fraudulent act
whichever is the longer period.
127. When asked to set aside an Arbitral Award, the Supreme Court may, where it is
appropriate and it is requested by a Party, adjourn the proceedings to set aside the
Arbitral Award for a period of time determined by it in order to give the Arbitral Tribunal
an opportunity:
a) to resume the arbitral proceedings; or
b) to take any other action that, in the Arbitral Tribunal's opinion, will eliminate the
grounds for setting aside the Arbitral Award.
128. A Party that was not a participating Party in an arbitration must be given notice of an
application under Section 124, and is entitled to be a Party to, and make representation
on, the application.
Appeal on Question of Law
129. A Party may appeal an Arbitral Award to the Supreme Court, with leave, on a question of
law, which the Supreme Court must grant only if it is satisfied that:
a) the importance of the result of the arbitration to the Parties justifies the
intervention of the court, and the determination of the point of law may prevent a
miscarriage of justice; or
b) the point of law is of general or public importance.
130. An application for leave may not be made more than three months:
a) after the date on which the Party making the application received the Arbitral
Award; or
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