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Appeal From And Setting Aside Of Arbitral Award

CHAPTER  2. APPEAL FROM, AND SETTING ASIDE OF ARBITRAL AWARD

Art. 350.- Parties and procedure
(1)    Any party to arbitration proceedings may, in the terms of the arbitral submission and on the conditions laid down in Art. 351 appeal from any arbitral award.
(2)    The parties may waive their right of appeal but any such waiver shall be of no effect unless made with full knowledge of the circumstances.
(3)    The provisions regarding the making and hearing of an appeal from a judgment shall apply by analog to the making and hearing of an appeal from an award.
(4)    Without prejudice to the provisions of Art. 736 of the Civil Code, in the provisions of this Chapter shall as far as may be apply to awards made by family arbitrators.

Art. 351.- Grounds of appeal
No appeal shall lie from an award except where:
(a)    the award is inconsistent, uncertain or ambiguous or is on its face wrong in matter of law or fact;
(b)    the arbitrator omitted to decide matters referred to him;
(c)    irregularities have occurred in the proceedings, in particular where the arbitrator.
(h)    failed to inform the parties or one of them of the time or place of the hearing or to comply with the terms of the sub-mission regarding admissibility of evidence; or
(ii)    refused to hear the evidence of material witness or took evidence in the absence of the parties or of one of them: or
(d)    the arbitrator has been guilty of misconduct, in particular where:
(i)    he heard one of the parties and not the other:
(ii)    he was unduly influenced by one party, whether by bribes or otherwise; or
(iii)    he acquired an interest in the subject- matter of dispute referred to him.

Art. 352.- Court to which appeal lies
An appeal against an award shall be made, on payment of the prescribed court fee, to the court which would have had appellate jurisdiction, had the dispute in which the award appealed from has been given not been referred to arbitration.

Art. 353.- Powers of Appellate Court
Without prejudice to its power to confirm, vary or reverse the award appealed from, the Appellate Court may, where it thinks fit, remit such award or a portion thereof the reconsideration of the arbitrator.

Art. 354.- Remission for reconsideration
(1)    No award may be remitted to the reconsideration of the arbitrator who made it except where the appeal is made on any of grounds mentioned in Art. 351 (a) and (b).
(2)    Where an award is remitted, the arbitrator shall, unless other wise directed in the order or remission, make his second award within three months of the date of such order.
(3)    Where a portion only of on award is remitted, the remainder may be enforced pending the making of the second award if it is capable of execution.

Art. 355.- Setting aside of award
(1)    Notwithstanding any agreement to the contrary, the parties to arbitration proceedings may, on the conditions laid down in Art. 356, apply for an order that an award be set aside.
(2)    The application shall be made to the court mentioned in Art. 352 within thirty days of the making of the award.
(3)    The provisions regarding the making and hearing of an opposition shall apply by analogy to the making and hearing of an application under this Article.

Art. 356.- Grounds for application
No application under Art. 355 shall be made except where
(a)    the arbitrator decided matters not referred to him or made his award pursuant to a submission which was invalid or had lapsed;
(b)    the reference being to two or more arbitrators, they did not act together; or
(c)    the arbitrator delegated any part of is authority, whether to  a stranger, to one of the parties of to a co-arbitrator.

Art. 357.- Decision an application
(1)    Where an application under Art. 355 is dismissed, the award shall be deemed to be valid and enforceable.
(2)    Where the application is granted, the award shall be deemed to be null and void and shall be set aside.