{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:2771","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Application for Setting Aside as Exclusive Recourse against Arbitral Award","number":"2771","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/","hierarchy":{"book":"BOOK VI - SPECIAL CONTRACTS","title":"TITLE VI - SETTLEMENT, CONCILIATION AND ARBITRATION","chapter":"Chapter 3. - Arbitration","section":"Section 7. - Recourse against Award","paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"Recourse to a Court against an arbitral award may be made only by an application for setting aside in accordance with sub-Articles’ (2) and (3) of this article.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":770,"url":"https://eriatlas.com/sources/civil-code-2015/page/770/?article=2771&paragraph=p1#article-2771-p1"}]},{"id":"p2","number":"2","text":"An arbitral award may be set aside by the Court specified in article 2740 only if:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":770,"url":"https://eriatlas.com/sources/civil-code-2015/page/770/?article=2771&paragraph=p2#article-2771-p2"}]},{"id":"p2a","number":"a","parentId":"p2","text":"the party making the application furnishes proof that:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2a","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":770,"url":"https://eriatlas.com/sources/civil-code-2015/page/770/?article=2771&paragraph=p2a#article-2771-p2a"}]},{"id":"p2ai","number":"i","parentId":"p2a","text":"a party to the arbitration agreement referred to in Article 2741 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Eritrea; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2ai","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":770,"url":"https://eriatlas.com/sources/civil-code-2015/page/770/?article=2771&paragraph=p2ai#article-2771-p2ai"}]},{"id":"p2aii","number":"ii","parentId":"p2a","text":"the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2aii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":770,"url":"https://eriatlas.com/sources/civil-code-2015/page/770/?article=2771&paragraph=p2aii#article-2771-p2aii"}]},{"id":"p2aiii","number":"iii","parentId":"p2a","text":"the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2aiii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":770,"url":"https://eriatlas.com/sources/civil-code-2015/page/770/?article=2771&paragraph=p2aiii#article-2771-p2aiii"}]},{"id":"p2aiv","number":"iv","parentId":"p2a","text":"the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Chapter from which the parties cannot derogate, or, failing such agreement, was not in accordance with provisions of this Chapter; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2aiv","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p2aiv#article-2771-p2aiv"}]},{"id":"p2b","number":"b","parentId":"p2","text":"the Court finds that:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2b","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p2b#article-2771-p2b"}]},{"id":"p2bi","number":"i","parentId":"p2b","text":"the subject-matter of the dispute is not capable of settlement by arbitration under the law of Eritrea; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2bi","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p2bi#article-2771-p2bi"}]},{"id":"p2bii","number":"ii","parentId":"p2b","text":"the award is in conflict with the public policy of Eritrea.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p2bii","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p2bii#article-2771-p2bii"}]},{"id":"p3","number":"3","text":"An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under Article 2770, from the date on which that request had been disposed of by the arbitral tribunal.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p3#article-2771-p3"}]},{"id":"p4","number":"4","text":"The Court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the same or a new arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p4#article-2771-p4"}]},{"id":"p5","number":"5","text":"An award is in conflict with the public policy of Eritrea if the making of the award was induced or affected by fraud or corruption.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":771,"url":"https://eriatlas.com/sources/civil-code-2015/page/771/?article=2771&paragraph=p5#article-2771-p5"}]},{"id":"p6","number":"6","text":"As soon as a decision setting aside the award has become final, the jurisdiction of the same or a new arbitral tribunal shall revive, unless the award has been set aside on the ground that a party to the arbitration agreement referred to in Article 2741 was under some incapacity or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Eritrea. The parties can agree otherwise.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2771/#p6","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":772,"url":"https://eriatlas.com/sources/civil-code-2015/page/772/?article=2771&paragraph=p6#article-2771-p6"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}