The applicant applied under section 46 of the Arbitration Act, 1991 to set aside an arbitral award.
The arbitrator had held that the parties' unanimous shareholder agreement was invalid and awarded the applicant $10,000 on a quantum meruit basis.
The applicant argued the arbitrator decided a matter beyond the scope of the arbitration agreement.
The court agreed, finding the validity of the agreement was not submitted to arbitration.
The court held it lacked jurisdiction to substitute its own damages award under section 46.
The court granted the applicant 90 days to elect whether to enforce the award or have it set aside.
