The applicant sought to set aside an arbitration award under s. 46 of the Arbitration Act, 1991, alleging procedural unfairness and bias by the arbitrator in a construction dispute arbitration.
The applicant also sought leave to appeal the award on a question of law under s. 45 of the Act.
The court held that the alleged deficiencies concerned substantive disagreements with the arbitrator’s reasoning rather than procedural fairness and therefore did not meet the narrow grounds for setting aside an award.
The court further held that the arbitration agreement incorporated rules providing that the award would be final and binding with no appeal, thereby excluding any right to seek leave to appeal.
The application to set aside the award and the request for leave to appeal were dismissed.
