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SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2018 (SR NO 57 OF 2018) - REG 9.10

Application to set aside award—Model Law

    (1)     An application under article 34 of the Model Law to set aside an award shall be in Form 2–9K.

    (2)     The application shall identify—

        (a)     if the applicant relies on article 34(2)(a) of the Model Law—which subparagraph of article 34(2)(a) is relied upon;

        (b)     if the applicant relies on article 34(2)(b) of the Model Law—which subparagraph of article 34(2)(b) is relied upon; and

        (c)     brief grounds for seeking the order.

    (3)     The application shall be accompanied by an affidavit—

        (a)     exhibiting—

              (i)     a copy of the arbitration agreement; and

              (ii)     a copy of the award including the reasons of the arbitral tribunal for the award; and

        (b)     identifying—

              (i)     the detailed grounds for seeking the order;

              (ii)     the material facts relied on; and

              (iii)     the date on which the applicant received the award or, if a request was made under article 33 of the Model Law to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.

    (4)     The application and supporting affidavit shall be served on any person whose interest might be affected by the setting aside of the award.

    (5)     Any application by a party to the arbitration under article 34(4) of the Model Law shall be made by summons in the proceeding commenced under paragraph (1).



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