You are viewing the translated version of निर्णय बदर हुनसक्ने.
Section 30
<br> decision may be overturned
In accordance with this Act, within thirty-five days from the date of hearing the decision of the arbitrator or receiving notification of the decision, if the party who is not satisfied with such decision wants to cancel the decision, he shall file an application with the relevant documents and a copy of the decision in the High Court, and the copy thereof shall be given to the arbitrator and the concerned party.
(2) In the case of an application under sub-section (1), if the applicant proves that the arbitration decision contains any of the following matters, the High Court may order the annulment of such decision or a re-determination as necessary:-
(a) If any of the parties to the contract are unable to enter into the contract for any reason or the parties are subject to the law of the country or if such law is not clear, then the contract is not valid according to the law of Nepal,
(b) failure to give timely notice to the requesting party for the appointment of an arbitrator or in connection with the arbitration proceedings,
(c) In matters related to the dispute not referred to the arbitrator or contrary to the conditions assigned to the arbitrator or decided outside the area assigned to the arbitrator,
(d) Nepalese law, except in the case of an adverse contract, the method of formation of arbitration or its operation is not in accordance with the agreement concluded between the parties, or if there is no such agreement, it is not in accordance with this Act.
(3) Notwithstanding anything contained in sub-section (2), on an application made under sub-section (1), the High Court may set aside the arbitral award in the following cases:-
(a) If the dispute decided by the arbitrator cannot be settled by the arbitrator according to the law of Nepal.
(b) If the decision made by the arbitrator is adverse to public interest or policy.
(2) In the case of an application under sub-section (1), if the applicant proves that the arbitration decision contains any of the following matters, the High Court may order the annulment of such decision or a re-determination as necessary:-
(a) If any of the parties to the contract are unable to enter into the contract for any reason or the parties are subject to the law of the country or if such law is not clear, then the contract is not valid according to the law of Nepal,
(b) failure to give timely notice to the requesting party for the appointment of an arbitrator or in connection with the arbitration proceedings,
(c) In matters related to the dispute not referred to the arbitrator or contrary to the conditions assigned to the arbitrator or decided outside the area assigned to the arbitrator,
(d) Nepalese law, except in the case of an adverse contract, the method of formation of arbitration or its operation is not in accordance with the agreement concluded between the parties, or if there is no such agreement, it is not in accordance with this Act.
(3) Notwithstanding anything contained in sub-section (2), on an application made under sub-section (1), the High Court may set aside the arbitral award in the following cases:-
(a) If the dispute decided by the arbitrator cannot be settled by the arbitrator according to the law of Nepal.
(b) If the decision made by the arbitrator is adverse to public interest or policy.